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Prenuptial Agreements

Estate Planning and Prenuptial Agreements: Tax Implications of Alimony

by McNair Law Firm, P.A. on

When contemplating marriage and estate planning, frequently, individuals will enter into prenuptial (premarital) agreements to address their rights and obligations during the marriage and in the event of a divorce or death. A...more

How to protect your family-owned business from your child’s spouse

by Thompson Coburn LLP on

For most people, a child’s wedding is one of those great life moments that is filled with months of planning and excitement. However, for people who own a family-owned business, the old myth that 50 percent of marriages end...more

Alert: Never "Got Around" to Signing Your Pre-Nup? It May Not Be Too Late!

by Pullman & Comley, LLC on

Many couples consider (or should consider) signing a prenuptial agreement before they are married, but avoid raising the issue or resist the idea. They may fear a negative reaction by their intended, or the couple is “so in...more

T&E Litigation Newsletter - December 2016

by Goulston & Storrs PC on

The last several weeks have brought us two decisions in which issues of family law intersected with T&E issues. First, the decision in Heystek v. Duncan, Case No. 15-P-1201, 2016 Mass. App. Unpub. LEXIS 1113 (Nov. 21,...more

For Love or Money: Considering Prenuptial Agreements

The question of prenuptial agreements comes up often in multi-generational family- owned businesses. The question is typically raised by mom or dad, or maybe grandmother or grandfather, and goes something like: “We’re all...more

IRS Attempts Collection Against Surviving Spouse and Marital Deduction Property

by Charles (Chuck) Rubin on

In a recent U.S. District Court case from the Southern District of California, the court ruled on several motions to dismiss relating to the IRS' attempt to impose liability on a surviving spouse for estate taxes on the...more

Spouses Need to Exercise Care in Transferring Property between Them When Subject to a Marital Agreement [Florida]

by Charles (Chuck) Rubin on

Many prenuptial and postnuptial agreements provide for a class of property known as Separate Property. Such Separate Property will often not be subject to claim by or transfer to the non-owning spouse upon death or divorce....more

How Much is a Fifteen Month Marriage Worth? (Depp and Heard Divorce)

It appears Johnny Depp’s marriage to actress, Amber Heard, will soon end in divorce. Heard recently filed for divorce, citing “irreconcilable differences,” a mere fifteen months after she exchanged wedding vows with Depp....more

To Bifurcate, or Not to Bifurcate: That is the Divorce Question

by Lewitt Hackman on

Some divorcing couples may want their divorce resolved as quickly as possible. In California, the legal minimum time requirement that a dissolution can be entered is six months from the date of service of the Petition to the...more

Prenuptial Agreement Considerations for Same-Sex Couples

by Varnum LLP on

Nearly everyone who is engaged to be married contemplates a prenuptial agreement at some point, even if only to acknowledge the possibility briefly and conclude that they are not a good candidate. Most young couples...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19165 - Dept. of Transportation v. White Oak Corp. - SC19165 Dissent - Dept. of Transportation v. White Oak Corp. Despite a very convoluted history, the essence of...more

Seven Ways to Help Your Client Prepare for a Divorce

by Blank Rome LLP on

Your client never entered into a prenuptial agreement and when there was a crisis impacting his marriage, he was unsuccessful in broaching the issue of a postnuptial agreement with his spouse. After years of frustration and...more

Florida Supreme Court Gives Expansive Protection to Husband’s Separate Property under a Prenuptial Agreement

by Charles (Chuck) Rubin on

A divorcing wife asserted that because a 20 year old prenuptial agreement made no specific reference to enhancement in value of nonmarital property attributable to marital labor or funds, the enhancement in value to the...more

Domestic Partnership Agreements: FAQs

by Carlton Fields on

How do domestic partnership agreements (DPAs) and prenuptial or premarital agreements differ? Marriage contracts between two people who plan to marry are prenuptial agreements or antenuptial agreements. Marriage...more

Pennsylvania Prenuptial Agreements

Prenuptial Agreements, also known as premarital agreements, are agreements entered into between two prospective spouses, who contemplate marriage, and wish for the agreement to become effective upon their marriage. The...more

Premarital planning - Protecting your assets without a prenup

Protecting family assets in the event of a divorce is particularly significant for family business owners, who typically want to avoid sharing ownership with their ex-spouses or their children’s ex-spouses. A prenuptial...more

Husband Permitted to Seek Attorney's Fees Against Wife for Her Failure to Comply with Prenuptial Agreement

In the 2015 Pennsylvania Superior Court Non-precedential Decision, Boer v. Pott, the Court confirmed husband's right to seek attorney's fees against wife due to wife's failure to comply with the parties' prenuptial agreement....more

Domestic Partnership Agreements: Overview

by Carlton Fields on

Many couples who could not marry now can. The United States Supreme Court decision in Obergefell v. Hodges framed the issue of the fundamental right to marry and the choice to commit to and intimately associate with the...more

Divorce – Four Business Reasons for a Prenuptial Agreement

by Gray Reed & McGraw on

With an ongoing Oklahoma divorce case in mind last month Tilting wrote about Tigh A. Knott, his wife Lucy Knott and how a business owner’s divorce can impact his business and affect his partners. The real players were Harold...more

Divorce – Impacting Your Meddlin Hands Partners!

by Gray Reed & McGraw on

To the other four minority owners who enjoyed the meteoric rise of Meddlin Hands Cleaning Products, when Lucy Knott sued their majority partner Tigh A. Knott for divorce, the divorce was anything but routine. Lucy wants half...more

Should I have a Prenuptial Agreement?

A prenuptial agreement is not the death knell of romance! It is a misconception that if you are not a celebrity and do not have millions of dollars, you do not need a prenuptial agreement. Couples from all tax brackets...more

Protecting your Business from a Lack of “Wedded Bliss”

by Gray Reed & McGraw on

Richard and Rachel Rich married 30 years ago and enjoyed a tempestuous union ever since. One year prior to their marriage, Richard started up a small computer products company, Orange Computers....more

Social Media and Prenuptial Agreements

by Jaburg Wilk on

Social media has become routine in our society and it is undeniable that social media usage has grown enormously over the last several years in family law. It is also true that prenuptial agreements are growing in utilization...more

Affidavit of Support (I-864) Enforceable Despite Pre-Nup, Divorce and Potential Marriage Fraud per California Court

by Davis Brown Law Firm on

Most people who immigrate through family sponsorship (and a few that immigrate through employment sponsorship) must have a sponsor that agrees to make sure they do not rely on public benefits. This sponsorship is...more

5 Estate Planning Mistakes You Should Try to Avoid

by JD Supra Perspectives on

In your experience, what’s the most costly mistake people make when preparing estate plans, and what can they do to fix them? That’s the question we recently put to attorneys writing on JD Supra....more

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