Prenuptial Agreement

Divorce: Protect Yourself

(Copy of my newest “Influencer” blog for LinkedIn)

Divorce:Protect Yourself Book Cover

I am so excited/relieved to announce that the book I started writing over fifteen years ago is done. We just received the first copies this month and I am really filled with all sorts of feelings seeing a book with my name as the author. I started this project to help people considering or going through a divorce. It is basically an overview of what I want my potential clients and others about to go through a divorce to know. Certainly it cannot encompass everything and each situation is different. But I wanted people to have hope, to understand the process and to understand that there actually is a process. There are answers to the questions they have and that they will have.

So many people helped me along the way (most are listed in the Acknowledgements), but really, my clients have taught me. I have learned from them how to endure hardship, how to react to the unimaginable. How to be patient when you want to scream in righteous anger. And I wanted to give back by writing a book. “Divorce: Protect Yourself, Your Kids and Your Future” (available at www.divorceprotect.com) is that book. It is a general overview of the divorce process. It is NOT legal advice and anyone going through a divorce should hire their own lawyer and rely on that lawyer’s advice. The book can be a supplement, a starting point, but of course a lawyer in the jurisdiction where you live is who should be advising.
The week after the book was printed I appeared on the Today Show (http://youtu.be/um_kH0e_Zrw) to discuss how words can affect divorce and it has been selling quickly ever since on Amazon, Kindle and directly from the book’s website www.divorceprotect.com.

I am so grateful to those who helped me get it done, and again, to all of the good people who have hired me and my firm over the years. This is for you. I wish you happiness and a future that is all you desire.


Every New Year the divorce cases pile in

Another blog I recently wrote for LinkedIn:

It’s a New Year. Why does that so often mean divorce? Every year in January we receive more calls from people who want to learn about, discuss or file for divorce. Some may think January is a time to renew efforts to keep a relationship together. But in my experience many people often think and believe a new beginning at the beginning of the year makes sense. It’s a fresh start.

But really, it means it will be a year of transition. Very few divorces happen quickly. Aside from disputes over money and children, delay is most often the result of one party not being ready to “let go”. Divorce is seldom a simple business transaction between two reasonable and willing negotiators. The idea of reaching a “settlement”, to many people, is the ultimate in giving up on the relationship. While almost certainly one party has made that decision, often the other has not (yet). And thus the source of much friction. The one who is ready for the relationship to end is often impatient. Maybe due to a belief that their life will improve once the relationship is over. It may be because they are anxious to begin a new relationship. It maybe because they have already begun a new relationship? Whatever the rationale, when one side wants closure and the other is not ready, problems arise.

So filing for divorce in January rarely means an immediate new beginning. It may well be the start of a new beginning. But filing for divorce in January or at anytime, must be well considered and thought out. And if done peacefully, especially when both sides are ready, it can be a shorter, less costly and maybe even positive experience. If both sides see a benefit to a divorce, then they should do so in a cooperative fashion. And that means compromise and more compromise. And if there are kids, there is no price you can place on the value of cooperation and avoiding litigation.

Of course there are times when parties reconsider and thus the slowness of the process has given them time to keep it from ending. But really, if two people want to remain together, or to reunite, it should not matter whether they have finalized their divorce or not. Divorce is about setting rules for interaction between two people who are not married and how to divide their assets and debts. Once they reunite, these issues should become irrelevant. And my hope is that whether or not they reunite, either way, the more civil they can be to each other, and the better their cooperation on all issues, the better for their children and our society.


30th Annual Family Law Institute this week in Amelia Island!

The 30th annual Georgia Bar, Family Law Institute is this week in Amelia Island, Florida. There are already over 500 people signed up. This is the final seminar for my year as Chair of the Family Law Section in Georgia and I must thank Kelly Miles for putting together such an outstanding program. Click here for the entire agenda.  The whole seminar is filled with Cutting Edge topics in Family Law, Hot Tips, case law update and a surprise speaker at the end.  There will be ample opportunity not only to learn, but to network and meet other family law attorneys whom you may have litigated against, or with andothers who you certainly will meet for work in the future.  Why not come to the program and try to meet them now, while you have no cases against them.  It will make it much easier to handle cases together if you develop that relationship independent of any client directives or litigation which may make for a rougher start to a relationship?

I look forward to seeing those of you who have signed up and those of you who still may.  Let’s learn and have fun together.


CUBA! Family Lawyers trip

Cuba! To exchange legal ideas with Cuban lawyers, in Cuba, how unbelievable! I am so fortunate to be able to help with this venture next March. The idea is to promote understanding of family law in each country and to exchange ideas that will hopefully help families in both countries.

Again, the goal is to enhance American and Cuban lawyers knowledge and skills in family law, especially now that we may be on the verge of more Cuban and American family law issues as travel and immigration restrictions change. What an opportunity to learn each other’s legal systems with a view to helping Cuban and American families who will go through family law cases.

At this point I am simply excited about the program and am looking forward to it. If you have any ideas, suggestions or comments, please let me know.


Do you need a prenuptial agreement?

While prenuptial agreements aren’t for everyone, they are an absolute necessity for some people.  I cannot tell you how often I have someone sitting in my office surmising “I wish we had signed a prenup.”

As you may or may not know, prenuptial or antenuptial agreements, colloquially referred to as prenups, are generally contracts entered by parties prior to their marriage (or civil union in some states).  The substance of prenuptial agreements can vary, but typically they address the divorce issues of property division, property rights, liabilities, debts, and alimony.  A properly drafted prenuptial agreement should address the commingling of separate and joint property.  (Note, prenuptial agreements cannot address custody and child support, because the best interests of the children controls at the time of divorce.)

But how do you know if you need a prenup?  While I encourage you to discuss this question in confidence with a lawyer trained in this intricate area of family law, I think the following checklist of questions will help guide you in determining if you should have that discussion with an attorney.  If you or your future spouse answers “yes” to any of the following, a prenup might be appropriate for you:

– Do either of you consider yourself high net worth individuals?
– Do either of you have significant stock holdings, stock options, profit sharing, bonds, other investments, or cash?
-Do either of you own any real estate (including investment / rental property)?
-Are either of you a business owner?
-Do either of you currently earn more than $100,000.00 per year?
-Is there a disparate difference between your income / assets and those of your future spouse?
-Do you want your estate (or a part of it) to go to your children (and/or children of a former marriage) instead of your spouse?
-Do either of you have professional licenses or degrees?
-Do either of you have significant family wealth or expected future inheritance?

While this checklist is not intended as an all-inclusive list, it is one that should at least start the conversation with yourself (and perhaps your future spouse), about whether a prenup is appropriate.  Again, I encourage you to speak with an attorney who specializes in this area of law if it is something that you are considering or are on the fence as to whether or not a prenup is right for you.


ABA Annual Meeting special one for me

The 2011 American Bar Association Annual meeting which begins this week in Toronto (click here for a link to the home page for the meeting), holds special meaning for me. On Friday August 5, 2011 I will be sworn in as Chair of the Family Law Section (FLS) of the ABA. I am so honored and excited. The FLS has 10,000 members who are all interested in the practice of family law, whether they are lawyers, judges or law students (over 9,000 are lawyers). Our goal, and mine, is to improve the practice of family law and to minimize the negative impact family law can have on families. My platform will be a continuation of our “Families Matter” project which has the reduction of such an impact on families as its goal.

Practicing family law has been gratifying, knowing that we can and have helped many families. It also can and has been frustrating. When bad results happen to good people, especially to children, it can be devastating. But our job is not to be devastated and depressed, but to persevere and find better solutions. Through the ABA we are working to improve the system and to hopefully help all families achieve better results that are better for the whole family. Of course this is a difficult task, but it is one that any civilized society must undertake. All family law professionals (lawyers, judges, psychologists, accountants and others) play a role. Is our system perfect? No way. In fact, our systems vary from state to state and from community to community. But we are evolving. Today, family law is not an area of the law that is looked down upon. To the contrary, it is an area of the law viewed by many as one of the most important areas of law that exist. What other area has the ability to affect families and futures as much as ours? And with that comes a significant burden, a burden to help families and a burden to improve society.

I am glad to be in a position to help families. In my practice I often have that opportunity, and as Chair of the Family Law Section of the ABA, I have been given an even greater opportunity. I will try my best not to squander it and to do what I can to help families and professionals who are helping those families. If there is anything I can do, I hope you will call on me to serve you. It will be an honor to serve and I am sure, an experience I will never forget.


Prenups are not romantic, especially for the Prince and Princess

There is no question that a Prenuptial Agreement is unromantic (although I have heard of a man getting down on one knee to offer a prenup to his fiance). Whatever the reason a prenup may be desired (a bad first marriage and expensive first divorce, for instance), asking your intended to sign a prenuptial agreement is very unromantic. But then again, many things about marriage are unromantic. The decisions about the wedding, for instance, are often a struggle between the desire for the most beautiful, exotic wedding in the world versus the finances available. Or whether to even have a big wedding and invite everyone, or save the money for a first marital home? Even the question of who to invite to the wedding can be very unromantic and often the cause for dissention. Should a relative who has been unfriendly to the fiance’ be invited? Do step-parents walk down the aisle? So the issue of whether or not to sign a prenuptial agreement is not the only practical question an engaged couple faces. But it may be the most troubling. After all, isn’t the request to sign a prenuptial agreement bascially a nice way of saying I don’t trust you one hundred percent? Or at least, maybe it is a way of saying I don’t trust me, or us, one hundred percent. Either way it casts doubt on a couple’s certain belief that their marriage will last forever.

But many, about half of all marriages don’t last forever. And what really should be avoided is a contested divorce. And that is the one true potential benefit of a prenuptial agreement. It can avoid, or at least reduce litigation and the related costs.

So the issue of whether or not to execute a prenuptial agreement is a balance bewteen practicaity and romance. And for a couple being looked upon these days as the epitomy of romance, the Prince William and his bride, Kate, the Duke and Duchess of Cambridge, it is understandable why apparently no prenuptial agreemen was signed (click here for press coverage of that issue). It is understandable why they may have opted for romance, but even so, it was a required consideration, and likely that the question at least caused the Prince to consider it. There is nothing wrong with weighing options, even if only for a millisecond, especially for a future leader (at least a future figurehead leader) of his country. But for a fairytell wedding, it seems a prenuptial agreement just would not have fit the storyline. And they are not the only ones to feel that way. These questions and emotions are not unique to British Royalty. In my practice I have seen this exact dilemma often, and can never predict whether a prenuptial agreement will actually be signed. But the process is intriguing and one of the most human endeavors I have the opportunity to witness from time to time.