Parties to a premarital agreement are free to make decisions during the marriage that alter their financial circumstances so long as they meet their contractual obligations. Post-execution actions can strengthen the validity of the agreement, result in a claim that the agreement has been revoked, or leave the agreement intact but change the economic outcome. […]
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 […]
Premarital agreements get a bad rap for being anti-romantic, anti-relationship and getting a marriage off to a bad start. If they are done right, nothing could be further from the truth. The Collaborative Process has gained traction in the last decade as a respectful way for couples to settle their divorce issues outside of court. […]
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 […]
Baby boomers born between 1946 and 1964 make up a large part of the aging population. With longer life expectancies, many boomers are working well into their golden years with no plans to retire. Some may be too optimistic about their future health and prefer not to think about retirement. The cost of future health […]
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 […]
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, […]
Estate planning for blended families presents particular concerns. Questions about estate taxes, picking the right fiduciary, and how to best provide for loved ones are issues that all people face when preparing their estate plans. But the answers become more complicated as spouses, ex-spouses, children, and step-children become part of the picture. Here are some […]
