No longer reserved for the rich, prenuptial agreements are becoming common place as long-standing taboos fall by the wayside. Increasingly, the happily engaged and newly wed understand the importance of having a road map should their marriage dissolve, based not necessarily on what the happy couple has at the time of the marriage, but what they may acquire during the marriage.
In my last article, I listed several reasons newlywed couples may enter into a prenuptial agreement. We ended that article asking, “So what should you do to “bulletproof” your prenup?”
Some may find their betrothed may not view the idea of a prenuptial agreement in such a favorable light. So, for starters, when broaching the issue, remember that a little finesse goes a long way. Of course, be honest with your partner about the reasons for seeking such an agreement, but avoid presenting it in a manner that leaves them with the impression that you are planning an exit strategy before the vows are even exchanged. Indeed, there have been times where a poorly-planned or ill-proposed prenuptial agreement derailed the wedding entirely.
{3:05 minutes to read} When the news broke this past summer that AshleyMadison.com had been hacked, leaking the names and identifying information of approximately 37 million users, there were more than a few jittery spouses.
The scandal attracted wide media coverage and rampant speculation about the effect that the leak would have on marriages of the subscribers. However, for all of the media hype, while the revelation that one’s spouse has been cheating is reason enough to seek a divorce, a spouse’s infidelity has little, if any, bearing on the actual divorce process. (more…)
Divorce has many costs, not the least of which are the counsel fees incurred by the parties, a cost which often weighs heavily on the litigant’s mind. As such, clients often ask whether their spouse could be directed to contribute to their legal fees or, conversely, if it’s the spouse with the greater financial resources, whether they can be directed to pay their spouses legal fees. The answer is not always so cut and dry.
In New York, there is a rebuttable presumption that the wealthier or more monied spouse should pay the less monied spouse’s legal counsel fees to level the playing field and ensure that both spouses are on equal footing in terms of representation. (more…)
Facing a legal challenge and have a question? Contact us today and receive a free case evaluation from one of our experienced attorneys.
Free Consultation