prenuptial

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Prenuptial is a dirty word… Right? Not quite how you may think. Listen how a prenuptial can make a grey divorce easy, or sometimes hard, as the Lady Lawyers from Hightower-Reff Law discuss in our part 3 of Grey Divorce.

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Does joint representation during a prenuptial agreement violate professional rules of conduct? Professor Carter reviews Prenuptial and Postnuptial Agreements.

The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights and commentary on subjects that affect the profession and clients. Learn more in this podcast.

It seems like prenups are a thing that people get so judge-y about. Some relationships breakup over them. What do you do if you’re in a serious relationship and one of you has significantly more money than the other? What do you do if you have about the same amount of money? What do you do if you have a different relationship with money and spending than your partner? This podcast will hopefully help guide you on the proper financial path before you contractually bind yourself to another’s portfolio.  

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In this narrative Cindy Hide discusses:

• The meaningful nature of a marital agreement and good reasons for having one
• What a prenuptial agreement is and the most common reasons for creating one
• How much it costs to create a prenuptial agreement

Tips to protect assets in prenuptial agreements, divorce agreements, and how to manage associated estate taxes.

The American College of Trust and Estate Counsel, ACTEC, is a professional society of peer-elected trust and estate lawyers in the United States and around the globe. This series offers professionals best practice advice, insights, and commentary on subjects that affect the profession and clients. Learn more in this podcast.

In this last show, Todd and Leh discussed some of the history and current law on Prenuptial Agreements.  In this show, they examine some current and past celebrity prenuptial fights to learn from each one.  

They first look at the arguments made by actor Adrian Pasdar (General Talbot on Marvel Agents of Shield) in his divorce with Natalie Maines (former singer with the Dixie Chicks).  Natalie and Adrian had entered into a prenuptial agreement when they married in 2000.  Natalie filed for divorce in 2017, but Adrian is challenging the enforceability of the prenuptial agreement.  Leh and Todd discuss the provisions of the actual prenuptial agreement and whether a Court would rule to enforce the agreement in Georgia.  Listen in to find out whether Adrian's arguments hold water in Georgia and what the Court might consider when making its decision?

Next, they examine what happened in other prenuptial agreements and summarize what you can learn from them if you are considering a prenuptial.  Some of the agreements they look involve:

• Keith Urban and Nicole Kidman
• Jessica Biel and Justin Timberlake
• Jessica Simpson and Tony Romo
• Catherine Zeta-Jones and Michael Douglas
• Charlie Sheen and Brook Mueller
• Kim Kardashian and Kanye West
• Steven Spielberg and Amy Irving
• Elizabeth Taylor and Larry Fortensky
• Katie Holmes and Tom Cruise
• Tiger Woods and Elin Nordegren

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In this show, Todd and Leh explore a topic they have not really discussed before on the show - Pre-nuptial Agreements.  They start out with a little history on pre-nuptials, also known as ante-nuptial agreements. Did you know they used to be considered a violation of public policy?

They discuss who might want a pre-nup, what can you protect and what can’t you protect.  They examine the three part test that Courts use to decide whether the pre-nuptial agreement is enforceable or not.    

At the conclusion of the show, they share some best practices to help ensure that your pre-nup will be enforced by a Court.  

If you would like to read a transcript of this show (and others), please visit our website at www.mtlawoffice.com/podcasts 

In the next show, they will take this three part test and apply it to the pre-nup in the divorce case involving Natalie Maines, former member of the Courtry Band, The Dixie Chicks.

Learn advice for women (or men) getting divorced or contemplating divorce, with Shannah Compton Game.

Divorce can be stressful. Learn what to do first, how to find a lawyer, how to negotiate, and if pre-nuptual agreements are a good idea according to an expert on divorce.

Women often want to keep the family home. Is that always the right move? Should you try to negotiate your divorce terms or leave everything up to the lawyers? How can you minimize legal fees? You might be surprised by the answers.

Shannah Compton Game is the host of the Millennial Money podcast, a CFP®, and shares her personal experience with her divorce and other women divorcing. This is good information everyone should be aware of.

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A Prenuptial Agreement is more than just a financial agreement. Before tying the knot with your partner, it’s important to be knowledgeable about how to protect your heirloom, property, and other assets before marriage.

Attorney David Watson specializes in estate planning by protecting and preserving his clients' assets. In this episode we talk about the importance of a Prenuptial Agreement and why you and your spouse should consider signing into one.

He explains that a prenup establishes the property and financial rights of each spouse in the event that a divorce occurs. Having a prenuptial agreement is not selfish, it’s called being responsible.

Take ownership for what it is that you not only bring to the marriage but what you brought to the marriage.

In This Episode We Discuss:

• What is a Prenuptial Agreement.
• Why you should consider getting a Prenuptial Agreement.
• Tough conversations’ necessary in building trust in any relationship.
• Tools you can use to make sure what you brought into that particular agreement is protected.
• Things to consider within a prenup.
• Without a prenup, you're at the mercy of State Law.
• Cohabitation Agreement and other Marriage related laws.
• Know what your rights are and what the actual document says.
• Sometimes, there’s a difference in what the actual document says and what’s actually going to happen.
• Just because your spouse brings it up doesn't mean that they don't trust you.

“Don’t be blissfully ignorant” — Atty. David Watson

Resources Mentioned:

Atty. David Watson

Estate Planning Attorney

500 W. Silver Spring Drive, Suite K-200

Glendale, WI 53217|414-491-3283

Email: David.Watson@watsonatlaw.com

Website: The Law Office of David Watson, LCC

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Show Date - 06/20/18:  Tonight’s show focused on the topic of Divorce Issues for Business Owners. My guest was attorney Louis Winner, Partner in the Louisville litigation firm of Clay, Daniel & Winner, LLC.

Our discussion covered the following key issues:

• Risks a business owner might encounter
• How a prenuptial agreement can help
• Is your business considered marital or non-marital property
• The importance of a thorough business valuation
• Divorce involving a family-owned business 

If you’d like to learn more about Louis Winner, visit http://www.louisvillefamilylaw.com/.

His office phone number is:  (502) 561-2005

Their office address is:

917 Lily Creek Rd.

Middletown, KY 40243

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A very common scenario we see is what I’ll call the case of the late in life second marriage.  We all need companionship, especially after a spouse has died or after going through divorce.  It’s lonely being alone.  So we have Joe and Mary.  They marry in their 60’s.  He has 2 children from a previous marriage and she has 3 from her first marriage.

 2 years later Joe’s health starts to deteriorate.  It’s looking like he will need long term care.  Mary comes to see me.  “I love Joe but I am concerned for myself as well”, she says.  “Will his long term care needs eat up our assets?  We entered into a prenuptial agreement before we married.  I had much more financially then he did.  So please review it and tell me my assets are protected.”

I first explain to Mary that before the prenuptial agreement can protect her assets she must first get divorced.  A prenuptial agreement basically is a contract that predetermines, in the event of divorce, how assets are to be split.  In most cases the parties take back what was theirs and split what they acquired jointly during the marriage.

 Let’s go back to our couple.  Joe doesn’t have much and very quickly will run out of funds and need to apply for Medicaid.  But, the only way Mary can preserve her assets is to divorce Joe and you can be sure that the State is going to look very closely at that prenuptial agreement before they approve Joe for Medicaid.

 I explain all this to Mary.  This isn’t much of a choice.  She loves Joe and emotionally can’t reconcile divorcing him in his time of greatest need.  “Is there any alternative?”, she asks.

 Actually, there is.  She can move her assets to a trust and after 5 years Joe can qualify for Medicaid.  In this way she can spend as much of her assets for his care as she wants but not be forced to spend it all, leaving nothing for herself to live on or to provide for her own long term care needs.

When is the ideal time to do that? Really, she should have consulted an elder law attorney before or shortly after the marriage. In her case, it still isn't too late since it doesn't appear that Joe is close to needing long term care yet. However, the longer she waits the smaller that window of opportunity becomes.  A little preventative medicine can go a long, long way.