Prenups, Post-nups and Separation Agreements are used to address finances and other issues concerning marital rights and obligations. As I have written in the past, prenuptial agreements are an opportunity for couples to have comprehensive discussions about each partner’s finances leading up to the wedding. Additionally, prenups provide an opportunity for the couple to navigate the financial path they would like to take during the marriage. Similarly, post-nuptial agreements afford couples the opportunity to have conversations about finances during the marriage. If a couple is contemplating divorce and has not executed a pre or post-nuptial agreement, a Separation Agreement can be negotiated. A Separation Agreement is a very detailed written contract that you and your spouse voluntarily sign without involving the court. It addresses all of the financial and other issues of the marriage. Continue Reading
Articles Tagged with finances
Reconcilable Differences: Using a Fact-Based Approach to Separation and Divorce
There is a distinction between irreconcilable and reconcilable differences when it comes to separation and divorce. The focus of this article is on the reconcilable ones. When the relationship changes to a point where there will be a separation and divorce, there are certain issues that need to be addressed so that both parties can financially disentangle and move on with their lives. Emotional disentanglement takes time. When there are children, emotions can be purposefully directed to a cooperative parenting plan so that the children can benefit from the qualities that each parent brings to the family. For more on co-parenting agreements, please see my article entitled: Co-parenting, Where do I start? Continue Reading
The Timing of the Prenup: Effective Discussions for a Lasting Agreement
One of the most common questions I receive from clients is how to bring up a prenuptial agreement with a future spouse. There is no uniform answer to this because every couple has its own dynamics, and a prenup conversation should reflect this. With that being said, there are some basic ideas to help your path to a prenup go more smoothly. Continue Reading
The Financial Aspect of Divorce
The divorce process involves the uncoupling of many aspects of life. Perhaps the most talked about is the financial aspect. Creating and understanding your own financial snapshot can be an important step in making the divorce process a productive one. A fair resolution will address how to divide assets and debts fairly and what the cash flow looks like moving forward. Continue Reading
The Benefits of Mediation: Closing the Gap in Finances
The divorce process involves many aspects of the relationship from an emotional and financial standpoint. The most contentious issues often center on the parties’ finances. Because addressing cash flow and the distribution of assets can create added stress during the divorce process, mediation is often considered as the best alternative to going to court. In this process, both parties have an opportunity to obtain complete information on the family’s financial situation and make informed decisions about how to move forward. This is especially important when there is an imbalance in the relationship caused by either a disparity in income or understanding about the finances. Regardless of the reason for the financial imbalance, mediation allows for both parties to have a fair process and equal opportunity for his/her questions and concerns to be heard and addressed while coming to an agreement. Continue Reading