Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!

prenuptial divorcePrenuptial agreements are daunting to bring up to one’s significant other and many individuals fear bringing up the topic. Many individuals worry that the prenuptial discussion will cause problems, such as making their significant other feel as if they are not trusted or as if there is an anticipation of a divorce in Ohio via a lack of commitment. However, research has shown that having a prenuptial agreement may in fact strengthen a relationship. Did you know that According to a survey of the American Academy of Matrimonial Lawyers (AAML), 63 percent of divorce attorneys say they’ve seen an increase in prenuptial agreements  over recent years? This is NOT just a male thing either.  Forty-six percent of these lawyers also noted an increase in the number of women initiating requests for prenuptials.

Moreover, there are benefits that may arise from having a prenuptial such as:

  1. A prenuptial can simplify a divorce by addressing the subjects of spousal/child support, the division of debts and assets, and so on…
  2. A prenuptial can also reduce the cost of a divorce simply because it hopefully removes almost all costs associated with a divorce trial (attorney’s fees, court costs, document fees, etc.)

I strongly suggest … Read More... “Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!”

Social Media In Divorce – Prenuptial Agreement Provision

Avoid Post Divorce Disputes – Don’t Forget To Include Social Media Clause in Your Prenuptial Agreement!

social media divorce prenuptial agreementIn the past, we’ve written multiple articles relating to social media. I have linked to some of them at the end of this article.  Now, I would like to focus on an issue that may evolve during a marriage and can expand exponentially after a divorce; social media disputes between couples. This type of ugly dispute has led many in the legal world to conclude that some couples need a “social media clause” in their prenuptial agreement (s).

If you’re connected to the world via social media, you’ve seen this happen.  Let’s say a mid-30’s married couple has a nasty fallout ending in a divorce.  You’re friends with both of these individuals on Facebook, follow them on Twitter, and maybe follow them on Instagram as well.  After their divorce, things get even nastier.  Now, instead of fighting amongst themselves in private and attempting to resolve issues, they’re broadcasting these “differences” on Facebook, Twitter, or Instagram.  These problems can be about anything, even complaining about child splitting time, each other’s parenting skills, or even extending into alimony or child support.

In … Read More... “Social Media In Divorce – Prenuptial Agreement Provision”

Prenuptial Agreement: Is it Enforcable If You Dispose of It?

Does Tearing up Your Executed Prenuptial Agreement in Ohio Revoke or Invalidate it?

prenuptial agreement ohioRecently, a New York court held that a husband could enforce a prenuptial agreement against his wife upon divorce, even though at the time the parties had no intention of ever being bound by the agreement and he ripped up his photocopy of the agreement at the same time his wife ripped up her original.  Braha v. Braha, 2014 NY Slip Op 51532.

QUESTION:

The question presented here is, would the case yield the same result if it was adjudicated in Ohio?

DISCUSSION:

In Braha, the parties stated that they entered into a prenuptial agreement only because the husband’s father was insistent they do so.  However, on their honeymoon they simultaneously ripped up copies of the agreement and threw them away.  The parties were married for twelve years before the marriage began to dissolve.  Upon dissolution, the husband produced his original copy of the prenuptial agreement and sought to enforce it.  He testified that he had destroyed only a photocopy of his agreement, while his wife had destroyed her original.

In its decision, the court there held that the wife did not provide sufficient evidence by … Read More... “Prenuptial Agreement: Is it Enforcable If You Dispose of It?”

Is Money Really the Root of all Evil?

Aaron Hill is a third year student at the University of Dayton School of Law, externing at Holzfaster, Cecil, McKnight & Mues.

moneyroot.jpgHave you discussed with your significant other how the household finances will be managed? This is an often overlooked question that newlyweds fail to discuss. Among other reasons, “money problems” are cited as one of the leading reasons for divorce. It is, therefore, paramount for couples to share a similar outlook on money matters before they get married.

Communication and Compromise are the Key

Communication and compromise are the keys to any successful relationship. Couples who discuss what their financial goals and responsibilities are before they get married are starting their marriage on the right foot. It is crucial for the couples to sit down and communicate both long and short term goals. Short term goals include who is going to be responsible for paying the bills, handling the investments, or whether to establish joint banking accounts. Long term goals can include having children and how many, when to retire, and what kind of lifestyle to lead. When couples communicate these long and short term goals, their relationship is much more likely to succeed. When couples do not … Read More... “Is Money Really the Root of all Evil?”