Irish Wedding News
09/07/2013
The survey of divorce lawyers, carried out by the American Academy of Matrimonial Lawyers, found a 51% increase in the amount of post-nups from 2009 to 2012, CNBC has said.
The agreements are similar to pre-nuptial agreements, but are viewed as just as controversial as they cover various issues like dividing divorce assets to negotiating 'payback' for cheating.
Randall Kessler, a partner at Kessler & Solomiany and past chair of the American Bar Association's family law section, said that couples come to him for post-nups for three main reasons. These are because they ran out of time, as a last-ditch effort to save the marriage, or because one spouse is due to receive large gift, inheritance or trust fund.
Sometimes the new agreement can modify a pre-nup that has problems, or update circumstances that have changed. In the US, a judge is also able to dismiss documents that were signed before a marriage if either spouse failed to be honest with their financial disclosure, either party 'lacked capacity' at the time – meaning they were drunk or on drugs for example – or they were under emotional duress.
Money continues to be the number one predictor of divorce, and with the US Supreme Court overturning the Defence of Marriage Act (DOMA) last month, there is expected to be another rise in the level of of post-nups.
"Now that federal and related benefits cannot be denied to a same-sex spouse based on DOMA, those who have the benefits may want to protect them," Kessler explained.
(JP/CD)
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Post-Nuptial Agreements Surge In Popularity
Post-nuptial agreements are said to be on the rise, according to a new survey.The survey of divorce lawyers, carried out by the American Academy of Matrimonial Lawyers, found a 51% increase in the amount of post-nups from 2009 to 2012, CNBC has said.
The agreements are similar to pre-nuptial agreements, but are viewed as just as controversial as they cover various issues like dividing divorce assets to negotiating 'payback' for cheating.
Randall Kessler, a partner at Kessler & Solomiany and past chair of the American Bar Association's family law section, said that couples come to him for post-nups for three main reasons. These are because they ran out of time, as a last-ditch effort to save the marriage, or because one spouse is due to receive large gift, inheritance or trust fund.
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Sometimes the new agreement can modify a pre-nup that has problems, or update circumstances that have changed. In the US, a judge is also able to dismiss documents that were signed before a marriage if either spouse failed to be honest with their financial disclosure, either party 'lacked capacity' at the time – meaning they were drunk or on drugs for example – or they were under emotional duress.
Money continues to be the number one predictor of divorce, and with the US Supreme Court overturning the Defence of Marriage Act (DOMA) last month, there is expected to be another rise in the level of of post-nups.
"Now that federal and related benefits cannot be denied to a same-sex spouse based on DOMA, those who have the benefits may want to protect them," Kessler explained.
(JP/CD)
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