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Author: Linda J. Ravdin
Publisher:
ISBN: 9781558719644
Category : Cohabitation agreements
Languages : en
Pages :
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Book Description
"... describes and analyzes three types of agreements: premarital agreements, postmarital agreements, and domestic partnership agreements. A premarital agreement is a contract between prospective spouses, including same-sex couples, made in contemplation of marriage. A postmarital agreement is a contract executed by parties to an ongoing marriage and not incident to a divorce or marital separation. A domestic partnership agreement, sometimes known as a cohabitation agreement, is a contract executed by a couple whose domestic arrangements may not be state-sanctioned. However, the term also includes such an agreement executed incident to a civil union or registered domestic partnership. Generally, all of these agreements are used to define the property and support rights of the parties upon termination of the marriage or other relationship by death or dissolution. Some parties also opt to include financial obligations during the marriage or other relationship. This Portfolio does not cover separation agreements that settle property rights, spousal and child support obligations, and child custody matters incident to a separation or divorce"--Portfolio description.
Author: Linda J. Ravdin
Publisher:
ISBN: 9781558719644
Category : Cohabitation agreements
Languages : en
Pages :
Get Book
Book Description
"... describes and analyzes three types of agreements: premarital agreements, postmarital agreements, and domestic partnership agreements. A premarital agreement is a contract between prospective spouses, including same-sex couples, made in contemplation of marriage. A postmarital agreement is a contract executed by parties to an ongoing marriage and not incident to a divorce or marital separation. A domestic partnership agreement, sometimes known as a cohabitation agreement, is a contract executed by a couple whose domestic arrangements may not be state-sanctioned. However, the term also includes such an agreement executed incident to a civil union or registered domestic partnership. Generally, all of these agreements are used to define the property and support rights of the parties upon termination of the marriage or other relationship by death or dissolution. Some parties also opt to include financial obligations during the marriage or other relationship. This Portfolio does not cover separation agreements that settle property rights, spousal and child support obligations, and child custody matters incident to a separation or divorce"--Portfolio description.
Author: Great Britain: Law Commission
Publisher: Stationery Office
ISBN: 9780118405089
Category : Law
Languages : en
Pages : 0
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Book Description
This consultation asks the public's views on a range of potential options for reforming the law of pre-nuptial, post-nuptial and separation agreements - contracts made by couples before or during their marriage or civil partnership that are intended to govern their financial arrangements if the relationship ends. Such agreements have attracted considerable attention in recent months after the judgment of the Supreme Court in Radmacher v Granatino, which went further than ever before in recognising their significance. But the Supreme Court's decision was made in the context of the existing legislation. As it stands, the law does not allow a couple to prevent each other from asking the courts to decide how their property should be shared. And it is still down to the courts to decide on a case-by-case basis how much weight to give to any agreement the couple may have made. In many cases this can offer important protection but it can also lead to uncertainty and expensive litigation and there have been calls for statutory reform. The Law Commission is now asking whether the current legislation - which is a generation old - provides the right basis for determining the effect of marital property agreements, or whether a new approach is needed. Could reform bring more autonomy and certainty to couples who want to enter into such agreements, while retaining sufficient safeguards to protect vulnerable spouses and children?
Author: Gary N. Skoloff
Publisher: Wolters Kluwer
ISBN: 0735549494
Category : Law
Languages : en
Pages : 1577
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Book Description
Prenuptial agreements have exploded over the past 20 years, not only among celebrities, but also for all types of people who desire to protect, manage, or enhance their personal, family, or business assets against foreseen and unforeseen circumstances. Attorneys have been assigned the task of cutting through a morass of issues to create agreements that achieve the goals of their clients while meeting complex, and often subtle, legal requirements. Drafting Prenuptial Agreements is the first guidebook ever to cover this growing area of family law. Written by Gary N. Skoloff and Richard H. Singer, Jr., Skoloff and& Wolfe, Livingston NJ, and Ronald L. Brown, Editor, American Journal of Family Law, Aspen Publishers, Drafting Prenuptial Agreements presents a pragmatic approach to preparing successful agreements quickly and effectively in any situation by grouping together and identifying the common areas that need to be addressed. The authors guide you through planning the agreement and the types of issues to discuss with different clients. This thoughtful organization gives you easy access to the tools you need to clearly present the range of choices to be addressed in each type of agreement and situation. Five sample agreements create broad groupings of issues which let you quickly zero in on the concerns parties at specific stages of life and affluence are most likely to want covered by their prenuptial agreement: YOUNG-YOUNG, EQUAL ASSETSand—For young people in the early stages of promising careers, where each has some assets and wants to protect these, as well as their careers, as separate property. YOUNG-YOUNG, DISPROPORTIONATE ASSETSand—For people of middle age or younger, where one already has, or is likely to acquire, substantial assets, and wants to protect these assets as separate property, while reasonably providing for the needs of the marriage, as well as the spouse and any children upon divorce. YOUNG-OLD, DISPROPORTIONATE ASSETSand—For a couple with a large age disparity, where the older party has substantial wealth which he or she wants to preserve for his or her estate, and also wants to provide for disability or incapacity. OLD-OLD, DISPROPORTIONATE ASSETSand—For an elderly couple, where one party has substantially fewer assets than the other, yet is comfortable, and where both want to protect their separate property, provide for a comfortable lifestyle during the marriage and reasonably provide for the spouse with fewer assets upon death or divorce. OLD-OLD, EQUAL ASSETSand—For older parties with similar assets who want to protect their property as separate, yet provide an arrangement by which they can live commensurate with their resources. Drafting Prenuptial Agreements includes a CD-ROM with sample agreements and hundreds of time-saving clauses!
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780118405379
Category : Law
Languages : en
Pages : 132
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Book Description
Following its 2011 consultation on marital property agreements, the Law Commission has opened a supplementary consultation on needs and non-matrimonial property, Matrimonial Property, Needs and Agreements - A Supplementary Consulatation Paper (Consultation Paper No 208). The earlier paper examined the legal status of financial agreements made by husbands, wives and civil partners, often known as 'pre-nups' and 'post-nups'. The most important question addressed in that consultation was the enforceability of such agreements. This extension to the project followed the recommendation from Sir David Norgrove's Family Justice Review Panel for a review of the law relating to financial orders. The review is looking at two specific aspects of the law relating to financial provision on divorce: (i) to what extent one spouse should be required to meet the other's financial needs, and what exactly is meant by needs; and (
Author: John Tingley
Publisher:
ISBN:
Category : Marital property
Languages : en
Pages : 690
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Book Description
Author: Katherine Stoner
Publisher: NOLO
ISBN: 9781413323023
Category : Law
Languages : en
Pages : 400
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Book Description
Marriage is one of the few personal contracts in which your state dictates the terms—unless you create your own customized premarital agreement. Combining Nolo's legal expertise and plain-English writing, Prenuptial Agreements makes a potentially touchy subject easy to deal with while explaining how to create a valid contract. This easy-to-use book covers: whether a prenup is right for your relationship how to decide what a prenup should include how to deal with special situations, such as one spouse’s debts, business ownership, or kids from a previous marriage how to assemble a draft agreement how to turn your draft into a contract tips on negotiating and communicating This edition of Prenuptial Agreements is completely revised and updated to reflect current state laws, plus worksheets and clauses for preparing an agreement that suits your unique needs.
Author: Great Britain: Law Commission
Publisher: Stationery Office
ISBN: 9780102988048
Category : Law
Languages : en
Pages : 231
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Book Description
The law gives the courts a wide discretion to make appropriate financial orders when marriages and civil partnerships are dissolved. An important element of those awards is meeting both parties' 'financial needs'. There is evidence of regional inconsistencies in how the courts approach awards for needs which creates unpredictability. And while the law is largely well-understood by family lawyers, it is not clear to the general public. This report recommends that the Family Justice Council produce authoritative guidance on financial needs which would also help to reinforce consistency to how the law is applied in the courts. Some jurisdictions have gone beyond explanation and verbal clarification, producing formulae that generate guideline amounts for payment from one former spouse to another. This report recommends that work be done with a view to assessing whether such an aid to reaching financial settlements could be devised. Pre-nuptial and post-nuptial agreements (referred to together here as 'marital property agreements') cannot be enforced as contracts and they cannot take away the courts' powers to make orders. This report recommends that legislation be enacted to introduce 'qualifying nuptial agreements'. These would be enforceable contracts, not subject to the scrutiny of the courts, which would enable couples to make binding arrangements about the financial consequences of divorce or dissolution. In order for an agreement to be a 'qualifying' nuptial agreement, certain procedural safeguards would have to be met. This report includes a draft Bill, the Nuptial Agreements Bill, which would introduce qualifying nuptial agreements
Author: Laurie Israel
Publisher: Integrity Registry Press, LLC
ISBN: 0999828711
Category : Law
Languages : en
Pages : 384
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Book Description
Author: Arlene Dubin
Publisher: Villard
ISBN: 0375755357
Category : Family & Relationships
Languages : en
Pages : 258
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Book Description
This ring-to-altar guide is a valentine to anyone who’s dating, contemplating marriage, living with someone, or engaged. In Prenups for Lovers, family-law attorney Arlene G. Dubin describes how prenuptial agreements stimulate communication and compromise, enhancing the prospects for a happy marriage. In addition to defending the much-maligned prenup, Ms. Dubin offers a wise and witty handbook for negotiating an agreement, including: how to pop the “P” word, and how to respond if it’s popped to you; checklists to make sure there will be no court after the courtship; real-life profiles and celebrity tidbits special sections for young people, women, entrepreneurs, and cohabitants; tips for married couples (because it’s never too late). Every bride and groom will say “I do” to prenups after reading this book.
Author: Katherine Stoner
Publisher: Nolo
ISBN: 1413330045
Category : Family & Relationships
Languages : en
Pages : 417
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Book Description
Plan today for peace of mind tomorrow Marriage is so much more than a great wedding. It’s also a legal contract that binds two people together in many aspects of life, including finances. If you and your spouse can’t agree on how to divide assets and debts in the event of a split, the state might end up making decisions for you. Fortunately, you can use the guidance and forms in this book to create a customized prenuptial agreement that addresses how to: shield each other from debts take care of children from a previous marriage clarify financial responsibilities protect hard-earned assets, and much more. Prenuptial Agreements makes a potentially touchy subject easy to deal with while explaining the foundations of a solid contract. The 7th edition is completely updated to provide the latest laws of your state and includes instructions any couple can use to write a clear agreement.
