More and more couples are electing to sign prenuptial agreements before their big wedding day, yet some can’t agree, don’t want to, or don’t have time to do one beforehand. After all, some people continue to believe that asking for a prenuptial agreement indicates that they expect the marriage to fail. Even if that is not the case, discussing a prenuptial agreement can be a difficult conversation to have during one of the happiest times of a relationship, making it problematic for some couples to agree on whether a prenuptial agreement makes sense for them.
Suppose you did not sign a prenuptial agreement before the wedding but wish to set forth financial rights and obligations between you and your spouse during your marriage or in the event of divorce or death. A postnuptial agreement may be an option for you to consider.
Below are some things to think about when considering a postnuptial agreement.
What is the difference between a prenuptial agreement and a postnuptial agreement?
A prenuptial agreement is a written contract signed between parties intending to marry. It outlines their financial rights and obligations if the marriage ends due to death or divorce.
Temporary Orders, or Temporary Allowances as they are called in Rhode Island, are interim orders that are made in a case before a final hearing (trial) in order to address pressing issues. Temporary Orders can be agreed upon by the parties or ordered by the Court after one or both parties file a Motion. Some of the issues that are addressed via Temporary Orders in divorce cases include child support, alimony, parenting plans, health insurance, and the payment of expenses. Temporary Orders last until changed by a final decision or a further Temporary Order of the Court.
It is important to understand, especially as it relates to parenting plans, that Temporary Orders have a way of becoming permanent orders. What this means is that Temporary Orders that are in effect for a long period of time may ultimately be the final orders agreed upon by the parties or ordered by the Court. As such, if you negotiate and agree on Temporary Orders, it is important to consider how those orders will work for the long haul, as they may be difficult to change. In light of the current backlog in the Courts, especially because of COVID-19, it is taking … Keep reading
I grew up in a family where pets were always present. My dad was known to just randomly show up at home with a new puppy. At one point in my childhood, I think there were two dogs, two cats, two hamsters and a few fish living in our house. I have continued to share my home with pets in my adulthood – with always at least one cat (ok, often two). I have had my pets photographed with Santa (it was for charity!). I am known to give birthday cards from my dogs. At least I don’t dress them up in costumes – well, not usually.
Many people – myself included – consider their pets to be much more than property and love those pets almost as much as they love their children. Pets can become non-judgmental friends, companions for long walks, and a shoulder to cry on during difficult times. As my colleague, Andrea Dunbar, wrote in her recent post, pets are considered property in the Probate and Family Court when it comes to who will keep a pet after a divorce. But, where there is abuse, the Court can give a victim care and control … Keep reading
If you find the Divorce Law Monitor blog to be helpful, we could use your assistance with something! Please indulge us as we ask for a quick favor. The Expert Institute is accepting nominations for the 2016 Best Legal Blog Competition, an annual list of the 100 best legal blogs. If Divorce Law Monitor is a good resource for you, we would be grateful for your nomination! The more nominations a blog receives, the more likely it is to be included in the contest, so every vote counts.
In addition to being a busy practicing partner here at Burns & Levinson, I’ve been the chair of the Divorce & Family group and co-chair of the Private Client group since 1989. I’ve had the privilege of assisting more people than I can count through some of the most challenging times in their lives. It’s been rewarding, fun and occasionally crazy. The legal world has changed so much, staying up to date with new laws, technologies and ways to communicate continues to be exciting.
I’m thrilled to announce that my very able partner, Robin Lynch Nardone, has agreed to replace me as chair! Robin and I have worked together for 20 years and I know she’ll do a terrific job. Not to worry though, I’m not retiring! This will just give me more time for focusing on my clients, writing these blog posts and my one true love – spending more time with my animals. My horse, Noah, is a big proponent of this decision.… Keep reading
I spent the weekend celebrating my 50th wedding anniversary. I gave my husband a horse. Horses are high maintenance critters and I have come to realize that, due to the plethora of horses at our home, I haven’t been writing blog posts as often as I used to. To fix this, I’ve decided to ask a team of brilliant folks in the Divorce & Family Law group at Burns & Levinson to help me. I’m thrilled that they said yes, and I’m also thrilled that my daughter is one of them. For more information about the new contributors, visit our revamped “About” page. Be on the lookout for new authors and topics over the next few months!
As you can see, we’ve also made changes to our appearance and our name. Burns & Levinson has an office in Providence, and since we do divorce and family law work in Rhode Island as well, I’ve dropped “Massachusetts” from the logo.
In honor of Father’s Day weekend, our first post under the new format will be about how to adopt a stepchild.
Please indulge me as I ask for a very quick favor.
The American Bar Association Journal is accepting nominations for their Blawg 100 Amici, an annual list of the 100 best legal blogs. If you’re a fan of MassachusettsDivorceLawMonitor.com, I’d be grateful for your nomination, which you can submit here. You’ll be asked to provide your contact information and a quick sentence or two about why you’re fan.
Nominations are due no later than 5 p.m. ET on Aug. 8, 2014. Thank you so much for the support!
I am thrilled, personally and professionally, to be able to say that my daughter, CiCi Van Tine, joined Burns & Levinson as a partner this week. She brings with her Mick Judge, who is an associate in our Private Client and Divorce and Family groups. You can read the firm’s full announcement here.
I’m looking forward to working with both of them at the firm… and on the blog, too!
This time of year there are always articles making their way around the internet about relationships and marriages.
Facebook keeps all kinds of statistics and can tell from posts where folks are in their relationships. It is fascinating to me that they can track when the relationship gets serious, and when it goes bad.
There was another interesting piece on how the “cost” of sex has lessened, and how that affects choices for men and women differently (shades of my grandmother).
The most interesting piece, though, was a rather lengthy New York Times opinion piece on how marriages have changed and how the differences affect what we expect of marriage.
Earlier this week I had the opportunity to discuss the subject of "Facebook and divorce" with Colin O’Keefe of LXBN TV. In our interview, I explain how frequently Facebook plays a role in divorces, how it’s used in divorce proceedings and how couples can maintain a healthy marriage while having social media accounts.