Will an Arbitration Clause Protect You?

When clients come to me wanting a prenuptial or postnuptial agreement, they are typically the party initiating and driving the process because they have assets to protect and want to minimize or completely contain their exposure. These same clients also tend to be litigation averse and view the entire litigation arena as a threatening, menacing process that will invade their privacy, wear them down, diminish their wealth, and possibly compromise their integrity. As a mediator/litigator, I am in favor of mediation-arbitration clauses (more...)

Do You Need a Postnup?

While the term “prenuptial agreement” has made its way into mainstream vocabulary, many still look flummoxed by the term “postnup.” What is it and are you in need of one? A postnuptial agreement is structured like a prenup and bears similar terms, such as separate and marital property designations, specific maintenance provisions or waivers, estate provisions, and the gaping absence of rights relating to children of the marriage. Akin to a prenup, the agreement is mostly relevant and effective upon a separation (more...)

January 16th, 2019|Collaborative Divorce, Separation Agreements|

Are You a Puppet in Your Own Prenup?

In sync with the current day, age, and New York City demographic, I have been doing a substantial amount of prenuptial agreements. The underlying dynamics and personalities are critical defining variables. One such dynamic that has recently been popping up in a nearly extreme and cartoonish manner is the “Puppet In Their Own Prenup!” or “Where’s Waldo?!” scenarios. This is where one of the parties is AWOL from the entire negotiation and preparation process and the whole agreement is orchestrated on their (more...)

November 5th, 2018|Collaborative Divorce|

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