P&F Stands Against Hate

Postmarital Agreements in the DMV— Lessons from Recent Cases

A postmarital agreement is a contract governing property and support rights between spouses who have no immediate intent to divorce; by contrast a separation agreement settles economic issues between spouses who expect to divorce. Some spouses may want to use a postmarital agreement to address property issues during an ongoing marriage. A postmarital agreement may […]

Premarital Agreements and the Migratory Couple

A premarital agreement is a contract between persons intending to marry.  It determines spousal rights when the marriage ends by death or dissolution.  All states enforce properly made premarital agreements.  However, laws governing validity vary among the states.  What if a couple signs a premarital agreement in Virginia and later moves to Maryland?  Will a […]

Arbitration in Family Law Matters: Has Its Time Come?

Alternative dispute resolution embraces a variety of processes designed to resolve legal disputes outside of a formal court proceeding.  One such option is binding arbitration.  In binding arbitration a neutral decision-maker, who could be a retired judge or a lawyer with expertise in the subject matter of the dispute, is appointed make a decision to […]

Enforcing Death Provisions in Premarital and Postmarital Agreements

A premarital agreement is a contract between prospective spouses that defines each spouse’s property rights and obligations in the event of death or dissolution.  A postmarital agreement is a contract between spouses who have no immediate plans to divorce and can do the same things that a premarital agreement can do.  Some agreements require a […]

Premarital Agreements & Trusts

This article was originally published in the American Bar Association’s Family Advocate, Vol. 38, No. 2, (Fall 2015) p. 10-13, and is reprinted here with permission. PDF available here. Adequate financial disclosure is essential to a valid and enforceable premarital agreement. When one party is the beneficiary of a third-party trust or the settlor of his or her own trust, […]