Prenuptial Agreements And Divorce Settlement Agreements
By Kirk Staley
Prenuptial Agreements and Settlement Agreements:The Presumption of Fairness Introduction If you are considering a prenuptial agreement in advance of a marriage, or if you are contemplating final decisions in regard to a settlement agreement, you may have some questions regarding whether or not your should sign such a document. In a more serious scenario, perhaps you have executed either a prenuptial agreement or a settlement agreement which you now believe is unfair. You are wondering if there is some way to get out of either a prenuptial agreement or a settlement agreement because you feel one or another of these agreement is not fair.
In this article, we provide you with some basic information about both prenuptial and settlement agreements and the arguments about the fairness of such agreements once they have been executed. Prenups and Settlement Agreements: An Overview Before turning to the matter of the fairness of either a prenuptial agreement or a settlement agreement, it is wise for you to have a basic understanding of each of these types of documents. By having a basic understanding of these documents, you will have a greater feeling for what is involved in entering into such an agreement. In generally terms, a prenuptial agreement is an agreement executed by two people who are contemplating a marriage. Through a prenuptial agreement, the couple is setting forth how property will be divided should the marriage end in a divorce. In most instances, when a prenuptial agreement is entered into before a marriage, one party to the couple is wealthier than the other. The concept behind a prenuptial agreement is to protect the person who enters into the marriage with a greater amount of assets. Some prenuptial agreements even contain clauses that prevent a person from obtaining any property if that person commits adultery during the course and term of the marriage. With that said, the terms of different prenuptial agreements can be very
different. As opposed to a prenuptial agreement that attempts to set forth the property rights of a couple prior to a marriage, a settlement agreements work to set forth the property rights (and debt obligations) of a couple following the end of a marriage. Pursuant to a settlement agreement, the parties agree as to what property each partner to the marriage will possess after the marriage. In addition, the settlement agreement will deal with allocating the debt of the marriage between the parties as well. Finally, a settlement agreement will deal with such matters as maintenance (previously known as alimony), child support and other financial issues. The
Ever Wonder How the "Other Woman" Feels?
<p>Dear Cathy,</p>
<p>I was truly offended by your article and description of the <a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/od/theothermanotherwoman/a/othemanotherwoman.htm">"Other Woman"</a> in a marital affair. The Other Woman, truth be told is a wonderful,loving lady. She is caught in a love triangle without knowing.</p>...<p><a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/b/2010/09/02/ever-wonder-how-the-other-woman-feels.htm">Read Full Post</a></p>
Should a Child be Allowed to Choose Which Parent to Live With After Divorce?
<div><p><strong>Question:</strong></p>
<p>I have two children, my son is twelve and my daughter is six. My husband and I are divorcing and my son wants to live with his father. He told me that the reason he wants to live with his Dad is that he doesn't want him to be lonely.</p>
<p>What is your opinion on allowing a child to live where they want after a divorce? Should I be concerned about him being separated from his sister? Am I wrong to think that my son not wanting his Dad to be lonely isn't a good reason for living with his Dad? Will separating him and his sister have a bad effect on them? Should we consult a therapist before making a final decision?</p></div>...<p><a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/b/2010/09/02/should-a-child-be-allowed-to-choose-which-parent-to-live-with-after-divorce.htm">Read Full Post</a></p>
Can My Wife Take The Children If She Leaves?
<div><strong>Question: </strong>Can My Wife Take The Children If She Leaves?</div>
<div><p>My wife says she is leaving and taking our children. Can she legally take my children with her when she leaves?</p></div>
<p><strong>Answer: </strong></p>...<p><a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/b/2010/09/01/can-my-wife-take-the-children-if-she-leaves.htm">Read Full Post</a></p>
Divorce Advice for Women
<p>From: <a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/od/divorceattorneys/a/ThydenGrossBio.htm">James J. Gross</a></p>
<p>Once you decide you are going to get a divorce, there are eleven things you can do to get ready:</p>
<ol>
<li><strong>Start a War Chest:</strong>
<p>You are going to need your own money for a divorce. You will have to be able to maintain yourself and your children for a while if you are dependent on your spouse and your spouse decides to cut off support.</p>
<p>You will also probably need funds to hire a <a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/od/divorceadvicepolls/a/adviceforwomen.htm">lawyer</a>. If there is anyway to start a separate account to guard against future financial contingencies, now is the time to do it. If you have to borrow money from a relative or friend, be sure to sign a promissory note so the court will look at this as a loan that you have to repay and not as a gift.</p></li>
<li><strong>Keep a Divorce Calendar:</strong>
<p>If you are currently using a desk calendar or day planner, you will now need to include your divorce events. There will be meetings with your lawyer and court deadlines to keep track of. It may be helpful to keep...<a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/od/divorceadvicepolls/a/adviceforwomen.htm">post continued</a></p></li>
</ol>
Divorce Advice for Men
<p>From: <a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/od/divorceattorneys/a/ThydenGrossBio.htm">James J. Gross</a></p>
<p>There are a lot of important actions that men can take to protect themselves in a divorce. Below are eleven things for you to consider regarding specific financial matters:</p>...<p><a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/b/2010/08/30/divorce-advice-for-men.htm">Read Full Post</a></p>
Can Spending Too Much Time Together Lead to Divorce?
<p>My ex had no outside interest. His life revolved around family and work. If he wasn't at work, every time I turned around I bumped into him. I encouraged him to take up<a href="http://clk.about.com/?zi=1/1hc&zu=http://golf.about.com/od/beginners/a/faq_beginners.htm"> golf</a>, go our for drinks with his buddies...anything that would give him to opportunity to get away from work and <a href="http://clk.about.com/?zi=1/1hc&zu=http://stress.about.com/od/familystress/qt/family.htm">family stress</a>. We spent too much time together which in the end played a role in the demise of our marriage.</p>...<p><a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/b/2010/08/24/can-spending-too-much-time-together-lead-to-divorce.htm">Read Full Post</a></p>
Top 10 Causes of Marital Problems
<p>Below is a list of common sources of marital stress and conflict; consider how you are currently dealing with these issues, and how you could better deal with these issues:</p>...<p><a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/b/2010/08/23/top-10-causes-of-marital-problems.htm">Read Full Post</a></p>
Zsa Zsa Gabor: Nine Times Married, Eight Times Divorced
<p>To say that Zsa Zsa Gabor has experience with divorce is an understatement. She also had unique views (for her time) about how women should stand up for themselves in divorce and everyday life.</p>...<p><a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/b/2010/08/17/zsa-zsa-gabor-nine-times-married-eight-times-divorced.htm">Read Full Post</a></p>
New York Goes No-Fault
<p>Governor David Patterson signed a bill passing <a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/od/maritalproblems/i/nofault_fault.htm">no-fault divorce law</a> for the state of New York. The new bill will allow couples to divorce by mutual consent or unilaterally.</p>
<p>Governor Paterson said in a statement. "These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties and harmed the interests of those persons -- too often women -- who did not have sufficient financial wherewithal to protect their legal rights. I commend the sponsors on providing a real and effective legislative solution to a problem that has for too long bedeviled ordinary New Yorkers."</p>...<p><a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/b/2010/08/16/new-york-goes-no-fault.htm">Read Full Post</a></p>
How to File For Divorce Without an Attorney
<p>To begin the <a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/od/yourlegalrights/a/pro_se.htm">Pro Se</a> or "do it yourself," divorce process a document called <a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/%20od/thedivorceprocess/ss/divorceprocess_2.htm">Original Petition for Divorce</a> is filed with your local <a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/%20od/thefamilycourtsystem/f/courtpersonnel.htm">court clerk</a> and legally begins the <a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/%20od/thedivorceprocess/ss/divorceprocess.htm">process of divorce</a>. In some states, this is referred to as a "Letter of Complaint." Both documents are requests that the court grant a divorce and list any relief the party filing for divorce feels they are due. The original petition or letter of complaint will identify the parties to the divorce and any children they may have.</p>...<p><a href="http://clk.about.com/?zi=1/1hc&zu=http://divorcesupport.about.com/b/2010/08/12/how-to-file-for-divorce-without-an-attorney.htm">Read Full Post</a></p>
Principle: Know What You Sign
Before You Sign As mentioned previously, in a good number of instances, a person who executes either a prenuptial agreement or a property settlement agreement ends up objecting to the agreement once it has been signed because that person contends that the agreement is not fair. Generally speaking, an argument about fairness after a prenuptial or settlement agreement is signed will go absolutely nowhere. If a person is a competent adult who has had time to review a particular agreement, including these two types of agreements, it is presumed that the parties understand the terms and conditions of such an agreement. In short, an argument that an agreement is unfair -- after it has been signed -- simply is not going to fly. The principle that you need to know and understand what you have signed before you sign an agreement is firmly rooted in the legal systems of many countries the world over. The one exception to this rule is if a person was deceived about the contents of an agreement. However, and again, a person will really have to show that he or she was completely duped and that there was as sound reason as to why the person ended up being duped by the terms and conditions of an agreement. In addition, if a person was forced into signing either a prenuptial agreement or settlement agreement, that person may have some chance of contending that the agreement is not fair or that enforcing the agreement is not fair after it has been signed. In short, you need to understand what you sign before sign any document. |
