Property Division

Everything but marriage faces changes in 2012

Massachusetts is one of the six states that currently recognize marriage between same-sex couples as legal, but gay rights activists claim progress is far from here. The news the year has been ripe with the trials and tribulations all couples face when going through a divorce, same-sex couples have not been excluded from these hurdles. With the privilege of marriage, couples face the possibility of divorce — regardless of the gender of the couple. Same-sex couples now are encountered the legal fallout of trying to obtain a divorce in states that do not recognize their marriage as legal. This has caused difficulty in obtaining fair property division. Not to mention, trying to come up with a parenting plan between the couple when only one of the parents is the biological parent and there is an issue of custody to begin during the couple’s impending split. Now, there is buzz in the state of Washington that it may become the seventh state to recognize same-sex marriage, but in order for this to happen there is an uphill legislative battle to climb. While Washington appears to have strong public support to legalize gay marriage, support in the legislature is what is required in order for this legislation to pass. Two years ago, Washington voters backed legal rights for same-sex couples. The legislation nicknamed the proposal the “everything but marriage” passage. Essentially this means Washington recognizes rights for same-sex couples such as prohibiting discrimination against gays in employment and housing issues, as well

Read More »

Could a postnuptial agreement actually save your marriage?

One important tool that is often forgotten about when it comes to family law is the postnuptial agreement. This week, the Huffington Post featured an interesting article explaining how a postnuptial agreement can actually help many couples whose marriages are on the rocks. Postnuptial agreements are like prenuptial agreements in that they are both contracts that spell out what would happen in the case of a divorce, only postnuptial agreements are entered into after the couple has been married and prenuptial agreements are entered into before the marriage. The article gave the scenario of a couple who had been fighting over financial issues and was hastily considering a divorce. The wife, worried and anxious about where a divorce would leave her, went to a local family law attorney for advice. The attorney told the woman that divorce was not the couple’s only option and that there were alternatives available like filing for legal separation or executing a postnuptial agreement. The woman talked to her husband and soon they agreed that a postnuptial agreement was right for them. She said the agreement they reached gave them both peace of mind knowing exactly what would occur should they choose to split, and also helped them to address the disagreements regarding finances that they were having. Many people overlook postnuptial agreements as an effective tool in a family law attorney’s toolbox. Not only do they allow the couple to plan for divorce before the emotions rise, they are also a way to potentially

Read More »

Marital property still not settled by pre or postnuptial agreements

Marital property division is, of course, a significant part of any divorce. Wealthy people, such as former Massachusetts resident Frank McCourt, often use prenuptial and postnuptial agreements to define how certain marital property will be divided in the event the phrase “’til death do us part” takes on a different meaning. McCourt is the embattled owner of the Los Angeles Dodgers, who is also in the midst of a contentious and high profile divorce from his wife of many years. He and his wife previously executed a postnuptial agreement that was prepared by a Boston law firm. A postnuptial agreement is a contract entered into by a couple after they have already been married. Its intent is normally to agree on a division of assets in the event of a subsequent separation or divorce. The McCourt’s executed such an agreement, but it came under fire in the divorce litigation currently pending. Pre and postnuptial agreements are legally binding documents that may well help couples resolve issues that often come up during the division of assets. Not every couple entering into marriage needs a prenuptial agreement, but it is generally helpful for couples who both have acquired assets prior to marriage, if either soon-to-be spouse has children they want to retain their inheritance, or if one spouse has a greater income than the other. A consultation with an attorney can help in determining your pre and post marital needs. In Massachusetts, an attorney with experience in resolving disputes over complex property

Read More »
Ask a question…
close slider

Life Complicated?
We Can Help

Fill out the form below and tell us your story.

Call Now Button