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Today's Fresh Blogs...| Settlement Agreement Ambiguities Result in More Litigation |
| Published: July 20, 2007, 1:30 am |
| Tags: Agreements, Ambiguities, Divorce, Equitable Distribution, Marital Agreements, Stipulation Of Settlement |
| The Appellate Division in Walker v. Walker provides us with yet another lesson on the importance of carefully drafting martial agreements. In Walker, the parties, in an oral stipulation of settlement, agreed to divide a 75 acre property. The stipulation... |
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| A New York Time Columnist Gets It Wrong: Pre-Nuptial Child Custody Provisions Violate Public Policy |
| Published: July 18, 2007, 1:25 am |
| Tags: Agreements, Child Custody, Child Support |
| James Andrew Miller wrote a compelling op-ed piece in the New York Times, theorizing that expensive and heart wrenching custody battles could be avoided if parties intending to marry, merely entered into a pre marital agreement. He details the understandable... |
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| Court Provides a Primer on Pre-Nuptial Agreements and Enforces a 40 Year Old Agreement |
| Published: July 17, 2007, 1:05 am |
| Tags: Agreements, Divorce, Equitable Distribution, Foreign Agreement, Marital Agreements, Prenuptial Agreements, Rules Of Contact Construction |
| The Appellate Division in Van Kipnis v. Van Kipnis enforced a pre-nuptial agreement which the parties entered into in France in 1965. The agreement provided that “Each spouse shall retain ownership and possession of the chattels and real property that... |
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| Statute of Limitation on Pre-Nuptial Agreements Tolled Until Divorce Action Commenced |
| Published: July 10, 2007, 11:58 pm |
| Tags: Agreements, Divorce, Equitable Distribution, Marriage, Statute Of Limitations |
| Governor Spitzer signed into law, this week, a bill amending Domestic Relations Law §250, tolling the three year statute of limitations for commencing an action or asserting a defense that arises from a pre-nuptial or post nuptial agreement until service... |
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| A Parent's Obligation to Pay for College Does Not Include Graduate Studies |
| Published: June 28, 2007, 12:40 am |
| Tags: Agreements, Child Support, College Expenses, Contract Construction |
| A father, who had agreed to contribute to his child’s college education, was not responsible for contributing to the costs of the child’s post-graduate degree. In the recently decided case of Robinson v. Gerny (New York Law Journal) (subscription required),... |
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| The Basics of Divorce and Taxes |
| Published: June 22, 2007, 12:53 pm |
| Tags: Agreements, Divorce, Equitable Distribution, Spousal Maintenance, Taxes |
| The Oklahoma Family Law Blog highlights some of the basic tax concerns that need be considered in connection with divorce. • Alimony is taxable and deductible. The person who provides alimony can claim the payments as a deduction, while the... |
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| Divorce and Taxes: How to Avoid Costly Mistakes |
| Published: June 14, 2007, 1:27 pm |
| Tags: Certified Divorce Financial Planner, Agreements, Divorce, Equitable Distribution, Taxes |
| The Wall Street Journal in an article entitled Divorce: Counting Money Gets Tougher, highlights the common mistakes made by unwary litigants. These mistakes can have dire tax consequences. Some common blunders: Dividing a stock portfolio down the middle without checking... |
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| Post Nuptial Agreements Gain Popularity |
| Published: May 31, 2007, 12:24 pm |
| Tags: Agreements |
| The Financial Times reports that there is a growing trend for post nuptial agreements. Like the pre-nuptial agreement, the post-nuptial agreement sets out the parties’ rights, obligations and liabilities upon the termination of marriage by either death or divorce. The only... |
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| Accountants Offer Advice About Joint Accounts in Divorce |
| Published: July 18, 2007, 3:14 pm |
| Tags: Property Division, Divorce, Marital Agreements |
| Accountants offer some useful advice on how to protect yourself from financial ruin in a divorce. Regardless of how financial accounts are titled, they may be marital assets or liabilities, subject to equitable distribution in the divorce. But in the short term during the divorce case and before final judgment, accounts that are titled jointly |
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| Murder By Prenup |
| Published: July 17, 2007, 2:48 pm |
| Tags: Miscellaneous, Property Division, Divorce, Marital Agreements |
| Husband dies of a gunshot wound inflicted on the side of the road. Wife is charged. Murder trial. First witness for prosecution: Divorce lawyer. His testimony: Their prenup limits Wife’s take in event of a divorce to $250,000 plus half of jointly held assets, for an estimated total of approximately $1.5 million. In event of |
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| question about prenups |
| Published: July 30, 2007, 1:27 pm |
| Tags: Prenuptial Agreements, Divorce |
| ——————————————————————————– question about prenups Post by grrr on Dec 14, 2005, 12:55am i have a question about prenups… i was under the impression that they can be thrown out if |
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| I just lost a woman who refused to sign prenup |
| Published: July 30, 2007, 12:39 pm |
| Tags: Dont Marry, Prenuptial Agreements |
| ——————————————————————————– I just lost a woman who refused to sign prenup Post by Dave on Jan 13, 2006, 5:36pm EXCELLENT ESSAY! I just lost (fortunately) a woman who refused |
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| CA: Man Must Continue to Pay Alimony after Ex-Wife Registers Domestic Partnership Instead of Remarrying |
| Published: July 31, 2007, 11:46 pm |
| Tags: Alimony, Marital Agreements |
| Under the law of California, Florida and many states, the obligation to pay alimony ends when the receiving spouse remarries, among other possibilities. A divorcing California man agreed to pay his wife a certain sum of money each month as alimony. After their divorce, his ex-wife registered her domestic partnership with another woman. |
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| How to Prevent Divorce from Destroying Your Credit |
| Published: August 1, 2007, 5:03 am |
| Tags: Equitable Distribution, Marital Agreements, Credit Card Debt, Credit Rating, Marital Debts |
| Divorce, illness and a long term disability are the most common life events that have a catastrophic effect on a person’s financial well being. All too frequently a person going through divorce watches as his/her credit rating is destroyed by... |
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| Domestic Partnerships and the Continuation of Maintenance |
| Published: August 1, 2007, 1:12 pm |
| Tags: Alimony, Civil Union, Cohabitation, Domestic Partnership, Maintenance, Post Divorce Issues, Separation Agreements, Settlement Agreements, Spousal Maintenance |
| Postings in two divorce and family law blogs highlight a growing conflict between the states on how to deal with a parties continuing obligation to pay alimony or maintenance, as it called in New York, if the former spouse enters... |
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