Boy meets girl. They fall in love. Before you know it, he’s down on one knee with an expensive diamond ring in his hand. With Valentines Day quickly approaching, it is a scene that is sure to play out all across the Triad. But what happens when the relationship ends…
I am constantly amazed at how people going through a divorce “fight” over “stuff” like a tea cup, a train set, a doll, or a stuffed animal. Generally, when I am using the word “stuff,” I mean personal property like tables and chairs, jewelry, or sentimental items from childhood. The…
We previously discussed ways to protect gifted or inherited property from the claims of a child’s spouse, from the viewpoint of the parent making the transfers. It noted that the law already protects the amount of the gift or inheritance, plus any appreciation not caused by marital funds or efforts.…
The previous two posts on premarital agreements have addressed future spouses who are considering signing a premarital agreement. The final two posts in this series will address the future spouses’ parents. In particular, this post is directed at parents who have worked hard enough, and been fortunate enough, to accumulate…
Previously, we highlighted the risks of asking a future spouse to sign a substantively unfair agreement. These risks are not triggered merely because the terms of the agreement are not exactly equal. Rather, substantive unfairness is present only when the agreement passes some minimum threshold of inequality. So how far…
Our last premarital agreement post discussed the fairness of the procedures used when a premarital agreement was signed. This post will discuss the substantive fairness of the agreement itself. As noted previously, courts give considerably more attention to procedural fairness than to substantive unfairness. As long as fair procedures are…
A premarital agreement is a contract, signed by two persons who are about to be married. It sets forth rules that will apply when the marriage ends, either in death or divorce. It can also set forth rules to govern how the parties will deal with their property during the…
Imagine after being happily married to your spouse for 20 years, you find out he or she filed for a divorce shortly after your marriage. Not only did they file for a divorce without saying a word to you, but they did so in a different country. Your spouse didn’t…