Tag Archives: postnup

Different Types of Postnuptial Agreements Equal Different Results in Michigan

By Selena Walckner | Published: September 14, 2011

Michigan law divides postnuptial agreements into three categories. The requirements and enforceability of a postnuptial agreement depends upon its classification. First, postnuptial agreements that are entered by spouses who have separated will be upheld as settlement agreements. Second, postnuptial agreements … Continue reading →

Posted in Legal Cases, Postnuptial agreements | Also tagged , , , | Comments closed

Postnuptial Agreements are for Parents, Not Children

By Selena Walckner | Published: September 5, 2011

Parents naturally want to do all they can to take care of their children. Sometimes this instinct leads to spouses trying to create contracts about how they will raise their children if they ever divorce. The hope is the family … Continue reading →

Posted in Postnuptial agreements | Also tagged , , , , , | Comments closed

Addressing Debts in Postnuptial Agreements

By Selena Walckner | Published: August 23, 2011

Spouses can use postnuptial agreements to manage debt and avoid joint liability. Through the postnuptial agreement, spouses define which debts and assets are separate and which are marital. This establishes who is responsible for specific debts.  However, it may not … Continue reading →

Posted in Postnuptial agreements | Also tagged , , , , | Comments closed

Why Hiring Two Lawyers Produces Better Postnuptial Agreements

By Selena Walckner | Published: July 29, 2011

Yes, spouses really should hire two lawyers when they enter a postnuptial agreement. This is true even when both spouses want to enter the agreement and when they agree on all terms. For purposes of the postnuptial agreement, the spouses … Continue reading →

Posted in Postnuptial agreements | Also tagged , , , , | Comments closed

The Reality of Marital Agreements

By Selena Walckner | Published: July 11, 2011

Although more couples are entering marital agreements in today’s society, there are still a lot of myths surrounding prenuptial and postnuptial agreements. The misconceptions involve all areas, such as the purpose of a marital agreement, who should sign one, and … Continue reading →

Posted in Postnuptial agreements | Also tagged , , | Comments closed

Postnuptial Agreements bad for public policy? The Connecticut Supreme Court said “No” in Bedrick v. Bedrick

By MaritalMediation Staff | Published: April 28, 2011

Throughout the country, states are grappling with the question of whether postnuptial agreements are valid and enforceable contracts. Until recently, state courts were not willing to uphold postnuptial agreements, believing they offended public policy. The agreements were originally thought to … Continue reading →

Posted in Postnuptial agreements | Also tagged , , , , | Comments closed

Marital Agreements as an Estate Planning Tool

By Laurie Israel | Published: April 27, 2011

A number of unique challenges arise when balancing the inheritances of a spouse, children from different relationships, and stepchildren. Unfortunately, the difficulties can continue after death, as lawsuits involving challenges to estate documents are more common in blended families than … Continue reading →

Posted in Postnuptial agreements | Also tagged , , , , | Comments closed

Fair and Reasonable in Massachusetts Postnuptial Agreements

By Selena Walckner | Published: April 21, 2011

Until recently, there were two types of enforceable contracts used to define property rights upon divorce: prenuptial agreements and settlement agreements. Prenuptial agreements are executed before the parties marry, while settlement agreements are created when the parties have decided to … Continue reading →

Posted in Legal Cases | Also tagged , , , , | Comments closed

Batting Zero: Did the McCourt Postnup Destroy Their Marriage?

By MaritalMediation Staff | Published: December 23, 2010

Below is a guest post by Laurie Israel on the McCourt postnuptial agreement. A shorter version of this article was published on HuffingtonPost. Last weekend, I waded through the 100-page California Los Angeles Superior Court opinion on the Frank and … Continue reading →

Posted in News, Postnuptial agreements | Also tagged , | Comments closed

Criteria for writing a postnuptial agreement – More on Ansin v. Craven

By MaritalMediation Staff | Published: September 14, 2010

This week brings more coverage of the Ansin decision in the Business West journal. We’ve been running many stories on the Ansin v. Craven decision, including William Levine’s postnuptial legal overview and other articles related to marital and postmarital agreements. … Continue reading →

Posted in Postnuptial agreements | Also tagged , , | Comments closed

Ansin v. Craven-Ansin: Good News and Practical Suggestions for Marital Mediation

By William Levine | Published: August 2, 2010

William Levine What better way is there for a mediator to help a couple who really do not want to divorce than a process that can take the spectre of contested divorce proceedings out of play, and thus, out of … Continue reading →

Posted in Legal Cases, Postnuptial agreements | Also tagged , | Comments closed

Joanna Grossman on Ansin v. Craven-Ansin

By MaritalMediation Staff | Published: August 2, 2010

Here is another summary on the Ansin case, from law professor Joanna Grossman. Here are the facts of the case the SJC recently resolved: Kenneth Ansin and Cheryl Craven-Ansin married in 1985. At the time, like ninety-five percent of couples … Continue reading →

Posted in Postnuptial agreements | Also tagged , | Comments closed

Decision on Kenneth S. Ansin vs. Cheryl A. Craven-Ansin

By MaritalMediation Staff | Published: July 26, 2010

This just in… the slip opinion for Ansin v. Craven-Ansin. Worcester. April 5, 2010. – July 16, 2010. Present: Marshall, C.J., Ireland, Spina, Cowin, Cordy, Botsford, & Gants, JJ. Husband and Wife, Marital agreement. Contract, Marital agreement. Divorce and Separation, … Continue reading →

Posted in Legal Cases, Postnuptial agreements | Also tagged , | Comments closed

The American Law Institute (ALI) on postnuptial agreements

By MaritalMediation Staff | Published: July 20, 2010

The American Law Institute (ALI) in its Principles of the Law of Family Dissolution (2002) has written standards applicable to postnuptial agreements, i.e., agreements made during a marriage where divorce is not imminent. These principles have been incorporated (or rejected) … Continue reading →

Posted in Articles, Postnuptial agreements | Also tagged , | Comments closed

Stanley R. Fogg v. Geraldine Fogg – Postnuptial Agreement

By MaritalMediation Staff | Published: July 10, 2010

Fogg v. Fogg, 409 Mass. 531 (1991), is a postnuptial agreement enforceability case, in which the Massachusetts Supreme Judicial Court (SJC) denied enforcement of the agreement. It was a second marriage for both, and each had children from previous marriages. … Continue reading →

Posted in Legal Cases, Postnuptial agreements | Also tagged , | Comments closed

Ansin v. Craven-Ansin, A Massachusetts Postnuptial

By MaritalMediation Staff | Published: July 10, 2010

Ansin v. Craven-Ansin is an important recent case in Massachusetts. The issue is the validity of the postnuptial agreement and whether it may be specifically enforced. See Fogg v. Fogg, 409 Mass. 531, 536 (1991). The Massachusetts Supreme Court recent … Continue reading →

Posted in Legal Cases, News, Postnuptial agreements | Also tagged , | Comments closed

Burkle v. Burkle

By MaritalMediation Staff | Published: July 10, 2010

Burkle v. Burkle was a 2006 California case in which the enforcement of a postnuptial agreement was contested by the wife at the time of divorce (Janet E. Burkle v. Ronald W. Burkle, 139 Cal.App4th 712 2006). In Burkle, a … Continue reading →

Posted in Legal Cases | Also tagged , | Comments closed

Eugene and Dolores postmarital agreement

By MaritalMediation Staff | Published: July 9, 2010

From The American Law Institute, Principles of the Law of Family Dissolution: Analysis and Recommendations When Eugene and Dolores marry, they are both employed with comparable incomes, and have no children. Thirteen years later, they have two children, ages seven … Continue reading →

Posted in Case Studies, Postnuptial agreements | Also tagged , | Comments closed