8 Nov, 2019

Good Samaritan Divorce

By | November 8th, 2019|Divorce Finances, Separation Agreements|

Is there a price tag to being a Good Samaritan in Divorce?  “A Good Samaritan — a charitable or helpful person.”  There are infinite ways of exercising kindness to one’s spouse during a divorce, but we will focus on the timing of divorce here.   Sometimes, in a divorce, one party needs more time while the other wants the divorce finalized immediately. The one that wants the immediate resolution will try to exercise grace, extend the other party significant latitude, and give them (more...)

7 Mar, 2019

Will an Arbitration Clause Protect You?

By | March 7th, 2019|Divorce and Children, Divorce Mediation Process, Separation Agreements|

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...)

16 Jan, 2019

Do You Need a Postnup?

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

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...)

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