When a prenuptial agreement says “waiving all rights” it really means waiving all rights, including to an elective share even if the term elective share is not explicitly stated.
Continue Reading When a Prenuptial Agreement Says “Waiving All Rights”, It Really Does Mean Waiving All Rights
Litigating cases involving a prenuptial agreement can be frustrating at times. When prenups are done right, there is proper disclosure, both parties have counsel or acknowledge that they had a
Continue Reading Court Rejects Predictable Arguments on Setting Aside a Prenup, and on Summary Judgment No Less!
As 2022 comes to a close (who can believe it?), I find myself reflecting on the year past, and also planning for the year ahead. 2022 has certainly has its
Continue Reading Top 10 Divorce Trends in 2022I saw an article this morning about people who brought their digital platform to prepare prenups to the show Shark Tank. I haven’t viewed their site and have no idea
Continue Reading A Website for Prenups -Good Use of Technology or a Recipe for Disaster?
I have seen this more than one time in my career. One party (or his/her family members) really wants there to be a prenuptial agreement but, either due to lack
Continue Reading Is the Prenuptial Agreement Signed after the Wedding Really a Prenuptial Agreement?
Prior to the walk down the aisle for the happiest day of their lives – to that point – many hopeless romantics decide (or are required by their parents) to
Continue Reading If the Enforceability of a Prenuptial Agreement is at Issue, Courts Shouldn’t Wait to Deal With It
A new reported trial court decision, S.N. v. C.R.was released today, confirming that the remedy of partition is still available when non-married parties purchase a home together and there
Continue Reading New Reported Decision Confirms that Partition Remains an Equitable Remedy for Unmarried Cohabitants Without a Writing Despite 2010 Palimony Amendment
A recent unpublished (non-precedential) decision, Steffens v. Steffens, suggests that the answer to the above question is “no.”
In Steffens, the Wife sought to set aside a prenuptial agreement,
Continue Reading Does the Marital Lifestyle Matter When it Comes to Enforcing a Pre-nuptial Agreement?
We often deal with cases in which one or both spouses own a business. In many of those cases, a spouse received their interest in a business prior to the
Continue Reading Who Has the Burden of Proving the Premarital Value of a Business?
It’s the Thursday before Thanksgiving and you’re getting divorced… tough as it may sound, it’s important to put down your pad and pen, eat some Turkey (tofurkey works, too) and
Continue Reading Thanksgiving Top 5 List