BLACK LIVES MATTER

Premarital Agreements and the Migratory Couple

A premarital agreement is a contract between persons intending to marry.  It determines spousal rights when the marriage ends by death or dissolution.  All states enforce properly made premarital agreements.  However, laws governing validity vary among the states.  What if a couple signs a premarital agreement in Virginia and later moves to Maryland?  Will a […]

Getting Off to the Right Start: A Collaborative Premarital Agreement

Premarital agreements get a bad rap for being anti-romantic, anti-relationship and getting a marriage off to a bad start.  If they are done right, nothing could be further from the truth. The Collaborative Process has gained traction in the last decade as a respectful way for couples to settle their divorce issues outside of court. […]

Arbitration in Family Law Matters: Has Its Time Come?

Alternative dispute resolution embraces a variety of processes designed to resolve legal disputes outside of a formal court proceeding.  One such option is binding arbitration.  In binding arbitration a neutral decision-maker, who could be a retired judge or a lawyer with expertise in the subject matter of the dispute, is appointed make a decision to […]

Premarital Agreements, the Older Couple and Health-Care Expenses

Baby boomers born between 1946 and 1964 make up a large part of the aging population.  With longer life expectancies, many boomers are working well into their golden years with no plans to retire.  Some may be too optimistic about their future health and prefer not to think about retirement.  The cost of future health […]

Enforcing Death Provisions in Premarital and Postmarital Agreements

A premarital agreement is a contract between prospective spouses that defines each spouse’s property rights and obligations in the event of death or dissolution.  A postmarital agreement is a contract between spouses who have no immediate plans to divorce and can do the same things that a premarital agreement can do.  Some agreements require a […]

Premarital Agreements & Trusts

This article was originally published in the American Bar Association’s Family Advocate, Vol. 38, No. 2, (Fall 2015) p. 10-13, and is reprinted here with permission. PDF available here. Adequate financial disclosure is essential to a valid and enforceable premarital agreement. When one party is the beneficiary of a third-party trust or the settlor of his or her own trust, […]

Love, Marriage, and Remarriage: Common Estate Planning Questions from Blended Families

Estate planning for blended families presents particular concerns. Questions about estate taxes, picking the right fiduciary, and how to best provide for loved ones are issues that all people face when preparing their estate plans. But the answers become more complicated as spouses, ex-spouses, children, and step-children become part of the picture. Here are some […]

Premarital Agreements and the Young Couple

A premarital agreement is a legally binding contract between two people who intend to marry that determines the property rights of the surviving spouse upon the death of the first spouse and that may also determine property and support rights if the marriage ends in divorce. Not so long ago the typical person considering a premarital […]