The prenuptial agreement is a contract between two people who are contemplating marriage and is effective upon the date of the marriage or civil union. The agreement should include all property of the parties including their business, real estate investments, retirement accounts or pensions and debts. When I prepare a prenuptial agreement it is imperative […]
FAQs
Do prenuptial agreements help reduce or eliminate litigation?
It probably doesn’t eliminate litigation but it sure does significantly reduce the complexity, cost, and the duration of it. With a well thought out pre-nup, we’re able to get down to just questions about any children that might arise as a result of the marriage, we can essentially resolve everything else ahead of time. Assuming […]
Adoption Options Available in New Jersey for LGBTQ Couples
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Is it important to have a prenup when one or both parties is entering a second or third marriage?
Yes, those are the situations where there’s all kind of potential landmines. You can talk about ownership of the home that the parties are going to occupy, you can talk about payment of mortgage, and what about necessary repairs in the future? Who’s going to pay the real estate taxes? Who’s going to benefit from […]
Are stock options considered assets to be divided during divorce?
The first thing we need to look at is what is a stock option? A stock option is the right to buy stock in a company who employs the spouse at a discounted or fixed price within a certain period of time. Stock options can be valuable and they’re subject to equitable distribution as a […]
Are alimony modifications open to negotiation later on?
If the financial circumstances of either the payor or the receiver of alimony significantly changes, an alimony award may need to be modified to reflect this. Circumstances that may lead to a modification request include experiencing a substantial involuntary decrease to your income, failure of a business, or a substantial increase to your spouse’s income. […]
What does a couple require to create a premarital agreement?
In order to create the prenup each party is going to need to assemble a list of their income, assets, debts, and expenses. An agreed-upon list of issues is also going to help the lawyer who is going to negotiate and draft the prenup. Presumably the parties have discussed, at least in a general sense, […]
How are business assets divided during a divorce in New Jersey?
There is no set formula to divide a business. There are many factors that determine what each spouse will receive equitably. If the business is evaluated the supportive non-ownership spouse will likely receive a percentage, but the percentage is subjective to numerous factors including the type of business, tax consequences in the event that the […]
How can your divorce attorney help with alimony negotiations?
Before negotiations start, you and your attorney can work together to develop strong and practical alimony recommendations. You can roleplay how they might be received and devise other alternatives to have ready to propose. Depending upon how you and your spouse are settling your issues, your attorney may actually be the one speaking on your […]
What’s the value in having a prenuptial or post-marital agreement in Illinois?
Looking at the cost benefit of a prenup, it’s immediately apparent that it’s a good investment for each party. It gives some much needed certainty to the relationship. If this marriage is going to end unsuccessfully, you know by simply pulling out the document what 80% or 90% of the issues are going to look […]
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