May
2
New Jersey Premarital Agreements
Filed Under Attorney-Client Relationship, Family Law Basics, Marriage & Family, Property & Asset Distribution | Leave a Comment
Premarital agreements, also referred to as prenuptial or antenuptial agreements, can be a difficult topic of discussion among couples getting married, especially if one party is seeking the agreement. A prospective spouse opposed to the idea will typically view such agreements as an affront to the institution of marriage and the relationship as a whole. However, a properly drafted prenuptial agreement can save spouses a great deal of emotional and financial expense in the event of a divorce.
In New Jersey, prenuptial agreements are governed by the Uniform Premarital Agreement Act, which was enacted in 1988. The Act requires that all prenuptial agreements be in writing, with a statement of assets attached to it. Parties are required to sign the agreement, which becomes effective upon the marriage of the parties. The contents of a prenuptial agreement are limited to certain areas. For instance, parties can negotiate the following:
a. the rights and obligations of each of the parties in any property of either or both of them whenever and wherever acquired or located;
b. the rights to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
c. the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
d. the modification or elimination of spousal support;
e. the making of a will, trust, or other arrangement to carry out the provisions of the agreement;
f. the ownership rights in and disposition of the death benefit from a life insurance policy; and
g. the choice of law governing the construction of the agreement.
In addition, parties can negotiate any other matter, including their personal rights and obligations, not in violation of public policy. It also cannot adversely affect the right of a child to support or stipulate which party should have custody of any child born of the marriage.
A prenuptial agreement may be amended or revoked after marriage only by a written agreement signed by the parties. The amended agreement or revocation is enforceable without consideration. A party may also seek to set aside a prenuptial agreement as unenforceable. However, the party seeking to set aside an agreement must prove that: (a) the agreement was not entered into voluntarily; (b) the party did not have an opportunity to consult with independent legal counsel; and (c) there was not full disclosure of all assets, liabilities and income. If these three factors can be proven by a party, then the burden to set aside the agreement shifts to the other side and the primary focus will be on whether the agreement was fair and reasonable, which is a determination made by the court.
Posted by Jason Medina,
Medina, Martinez & Castroll, LLC
Apr
8
NEW SERIES: Wiretapping and Divorce Law - Part II
Filed Under Attorney-Client Relationship, Divorce & Separation, Family Law Basics | Leave a Comment
The Internet has revolutionized the way people communicate and share information and ideas. Today, electronic mail (e-mail) is perhaps the most commonly used method of cyber-communication. From offices to homes to libraries and corner cafes, use of cyber-communication and the Internet is a part of everyday life. In the world of matrimonial law, e-mail communications and chat room forums has sparked a growing phenomena known as “cyber-infidelity.” More and more spouses suspecting infidelity in a relationship are accessing home computers and retrieving its electronic files for evidence to validate their suspicions. E-mail communications have become a prime target and for good reason. Not only can a spouse access messages received and sent, but even deleted messages can be retrieved with the proper software or by a computer expert. This invariably raises questions about the legality of retrieving e-mail messages and the consequences of such actions.
Generally, intercepting e-mail communications from a spouse’s workplace computer or private home office will violate several New Jersey civil and criminal laws. The reason for this is because one has a reasonable expectation of privacy in these areas. However, the right to retrieve e-mail communications from an accessible home computer depends on whether the communication is in the transmission stage or in post-transmission storage.
This very issue was addressed by the Superior Court in White v. White, 344 N.J. Super. 211 (2001). In this divorce case, a husband had moved to suppress saved e-mail communications between him and his girlfriend retrieved from the home computer by his wife’s computer expert. The computer was kept in a common area where different family members used it. The wife used the husband’s password to access messages stored in his personal file cabinet. In denying the husband’s motion, the court held that there was no reasonable expectation of privacy in the computer files given the location of the computer and that the wife did not unlawfully access any stored information. The court reasoned that New Jersey’s Wiretap Act only applies to communications that are in transmission and not those that have been previously sent and saved.
The court distinguished between e-mails in transmission and those stored post-transmission. E-mails in post-transmission storage fall outside the purview of the New Jersey’s Wiretap Act because once e-mail messages are downloaded from the e-mail server they are not stored for the purpose of electronic transmissions.
Despite the court’s ruling in White, this area of law remains unsettled and requires careful analysis and legal counsel. The legal ramifications of illegally accessing a spouse’s stored computer files can be devastating.
Posted by Jason Medina,
Medina, Martinez & Castroll, LLC
Jan
13
Post-Nuptial Agreements in New Jersey
Filed Under Attorney-Client Relationship, Marriage & Family, Property & Asset Distribution | 3 Comments
A recent NY Times article discussed the increased use of post-nuptial agreements, as reported by attorneys who are members of the American Academy of Matrimonial Lawyers. According to the article, hedge funds and other high-value equity partnerships are encouraging their newly-minted partners to get post-nupts to guard against giving away part ownership in these lucrative positions.
What are “post-nuptial agreements”? Well, unlike pre-nuptial agreements, which deal with parties interested in getting married before they’re actually married, and unlike property settlement agreements, which deal with parties interested in not being married after they’re actually married…post nuptial agreements are intended for a married couple who did not previously enter into a premarital agreement and, despite wanting to be married, would like to plan for the division of property in case they later get divorced.
With that as a backdrop, the New Jersey Appellate Division set forth some very stringent standards for post-nuptial agreements in 1999. In order for a family law attorney to recommend that a client enter into a post-nuptial agreement, there must be four (4) standards that absolutely must be met.
1) There needs to be full disclosure by the parties.
2) Each party must have independent representation by his/her own lawyer.
3) There needs to exist the absence of coercion or duress.
4) The terms must be fair and equitable.
Let’s take these one at a time.
Full Disclosure by the Parties
At the very least this means that the parties should exchange tax returns, a statement of current net worth (listing assets & liabilities and current value) and any other information about the party (not necessarily financial in nature) that would be pertinent to disclose for this situation.
Independent Representation
As it suggests, each party should involve a separate attorney. While it is theoretically possible that a post-nuptial agreement with one pro se party would be upheld, I would not feel confident going forward. In fact, as a practice habit, our firm insists on separate representation.
Absence of Coercion or Duress
I think this one is self-explanatory.
Fair & Equitable Terms
This is the most difficult one to address. The truth of the matter is that fair and equitable is such a subject standards, it’s nearly impossible to discuss. And to make things even more complex, the post-nuptial agreement needs to be fair and equitable when being enforced, as well as when negotiated and executed, which suggests that changing circumstances could render the initial post-nuptial agreement unconscionable in the future.
Parting Words
In one of the most important cases in matrimonial law, the New Jersey Supreme Court remarked that “contract principals have little place in the law of domestic relations.” With that as a backdrop, it’s difficult to have confidence in any privately negotiated agreement, whether a pre-nuptial agreement, post-nuptial agreement or property settlement agreement. At any time, each of them is vulnerable to attack by creative lawyers arguing difference concepts of unfairness.
Posted by Victor J. Medina -
Medina, Martinez & Castroll, LLC
Nov
28
New Jersey Divorce & Family Law Blog Featured in Local Business Journal.
Filed Under Attorney-Client Relationship, Blogroll, Family Law Basics | Leave a Comment
I was recently featured in an article about blogging and got the opportunity to discuss this blog.
You can read the story here at the Princeton Business Journal.
Posted by Victor J. Medina -
Medina, Martinez & Castroll, LLC
Nov
16
How Attorneys Choose Clients: My View
Filed Under Attorney-Client Relationship, Divorce & Separation, Family Law Basics | Leave a Comment
My fellow Mac Lawyer, Ben Stevens, of the South Carolina Family Law Blog had a great post of original content on how attorneys choose clients.
I had a few thoughts and some questions for Ben.
First, unless I’m making a conscious decision to accept a matter pro bono, I make it a point to only take on clients where I am sure I’m going to get paid. This could be from funds that the client has (we often represent the “advantaged” spouse) or from funds that we get from the advantaged spouse to even the playing field. This isn’t a cold decision, but I have an obligation to provide for my family and I can’t, literally, afford to expend time and effort where there isn’t a reasonable assurance of getting paid for my effort.
(As a quick aside, I find it insulting the way that clients will regard bills from their attorneys as “optional” to pay. It’s one of the reason that I bill on a flat fee basis for many stages of a divorce proceeding.)
As for other reasons not to take a case, I find that potential clients who have been through a few other attorneys can be potential problem cases. Typically, I’ll know one or two of the prior attorneys, whose opinion and judgment I respect. If they give a client their opinion on a course of action or settlement and the client rejects it, chances are that I won’t be the right attorney or law firm for them.
Finally, I’d be interested in hearing how Ben’s use of flat-fee billing works to either get or drive away certain types of clients.
Posted by Victor J. Medina -
Medina, Martinez & Castroll, LLC
Nov
11
How to Save on Legal Fees for Your Divorce
Filed Under Attorney-Client Relationship, Divorce & Separation, Family Law Basics | Leave a Comment
You might think that a lawyer would be opposed to telling you how to spend less money on his fees, but not so. Most of the suggestions made below, by another lawyer no less, are things with which I whole-heartedly agree. A lot of the time a lawyer spends on the stuff he’s telling you to do yourself or avoid all together are the kind of work a sophisticated lawyer would rather not do anyways.
The truth of the matter is that our firm is comprised of specialists. While we can do the routine work, a better use of our skills is on those complex matters. For the rates you are paying for our services, you should expect that we’re going to work the really difficult stuff. The other stuff is just a matter of your pain threshold for the monthly bill. I suggest that you manage your legal budget for divorce accordingly.
Here is the entire article by Jim Harding:
Divorce is wrought with cost. The emotional cost of a failed relationship. The cost to children living in a two home family. The cost of maintaining two households. Then, of course, there is the cost of a lawyer. At hundreds of dollars per hour, legal fees in a divorce can easily be in the tens of thousands of dollars. The fact of the matter is that competent legal representation is expensive. That does not mean that you can’t help yourself to save money on attorney’s fees and costs associated with divorce. Here are ten tips that can help.
1. Always remember that time is money.
First you must understand how lawyers bill. Most of us are comfortable with the idea of a fixed fee. We see an item on the menu, with a price right next to it. Fixed, and straight forward. Legal billing is different. As Abraham Lincoln explained it, “a lawyer’s time and advice are his stock in trade.” In other words, lawyers bill for their time. The more time the lawyer invests in your case, the higher the legal fees will be. With this basic understanding you will be better able to comprehend and manage legal fees.
2. Understand when your lawyer is on the clock.
Time is the commodity. If you are unclear, don’t be afraid to ask your lawyer what he does charge for, and what he does not charge for. People don’t always know that time on the telephone can be charged. Sometimes lawyers charge for any time spent dealing with the case — including you taking your lawyer out to lunch. Get clarification so that you don’t unknowingly request services that you will be billed for. Also be prudent in your purchase of legal services. The more of your lawyer’s time that you use, the more you are going to pay. Appreciate that your lawyer needs to be kept apprised of significant events in your life. However, you do not have to swamp him with minutiae. Making sure your lawyer has knowledge of every hour in your days is not necessary.
3. Use your time with your lawyer wisely.
Most lawyers bill in incremental time. The concept is not unique. Most service professionals (doctors, dentists, accountants) base their efforts, and prices, on measured units of time. In the case of lawyers those units are typically blocks of minutes. For instance, many lawyers will be in six minute increments. As soon as the work starts, you are charged every six minutes. As an example, at $200 per hour, one six minute increment has a value/cost to you of $20. If you have a two minute conversation with your lawyer, that is one six minute increment, or $20 in fees. If you have a seven minute conversation, that is two six minute increments, or $40 in fees. To realize maximum efficiency under this system plan ahead before meeting with or talking to your lawyer. Save your questions for one conversation, rather than calling up your lawyer every time you have something on your mind. Four two minute conversations equals $80 in legal fees. One eight minute conversation equals $40 in legal fees.
4. Your lawyer is your legal representative, not your psychologist.
Divorce is stressful. You want someone with whom you can talk through your emotional issues. Your lawyer is not that person. Lawyers are trained in legal problem solving, not mental health. Therapists, psychologists, psychiatrists, and other mental health professionals are better trained and equipped to help you resolve your emotional issues. Most likely there services will also be less expensive.
5. The more work you do for you lawyer, the less work your lawyer will have to do for you.
Lawyers require information. The lawyer’s first, best, most obvious source of information is her client. Skilled divorce lawyers have tools in place to help them gather the information that they must have. Questionnaires, checklists, etc., are all common information gathering devices. If your divorce lawyer utilizes any of these tools, it is a wonderful opportunity for you to save money. Invest the time and energy to complete the homework your lawyer gives you. If you don’t, your lawyer will have to invest the time (hence your money) to gather the information elsewhere. Along the same lines, educate yourself. The more information you have in your own mind about your family expenses, assets, obligations, etc., the faster and easier it will be for you to explain your situation to your lawyer.
6. Be your own legal assistant.
Information is a recurring theme in divorce. As we have explained, your own lawyer requires information to adequately represent you. Another frequent component of divorce is sharing of that information with the other side. In fact, California, where I practice, imposes a significant information disclosure obligation on the spouse who files for divorce. Copies of bank statements, vehicle title certificates, investment account statements, loan documents, credit card statements, pay stubs, tax returns all have to be delivered to the adverse party. If you can provide these records to your attorney, he will not have to take the time to get them for you. Another cost saving measure to keep in mind is photocopying. Copy machines are an overhead item for lawyers, that is passed through to the client. The cost of photocopying in a law office can frequently run ten, twenty, fifty cents per page. For large volume copying jobs a cheaper alternative is the commercial copy shop. Ask your lawyer if you can take the originals down to the copy shop, and doing or pay for the copying yourself. You will save on per page charges, and the time charges. It is not unheard of for clients to also act as “runners” for the lawyer. Filing documents at the courthouse, delivering documents to the other attorney, can all be cheaper alternatives to attorneys, legal assistants, or couriers doing the work.
7. Get smart, not mad.
At some earlier point in time you and your spouse exercised the privilege of being adults by marrying the other; and you each committed yourselves to the responsibilities that go along with marriage. Don’t think that just because the marriage is ending, the responsibilities of being an adult are abolished. Each spouse voluntarily entered into the marriage, now each spouse must deal with its consequences. In the final analysis, if there are any problems that manifest themselves during the divorce, their ultimate cause can be pinpointed exactly - that being the point in time when the spouses got married. Look at your divorce as a business transaction. You are after the best economic result. It makes no sense to pay a lawyer a $1000 to get you something worth $100.
The frame of mind of the spouses in a marital dissolution action can often be the most significant component of the entire case. If one or both persons bear(s) resentment or hostility to the other, any potential for efficiency that the case may have becomes vulnerable. While the attorney can put forth a valiant effort to maintain control of the case, the effort usually succumbs to the client’s hostility. From this comes two certainties: first, the action is going to take longer to conclude; second, attorney’s fees are going to skyrocket, because more attorney time will be necessary.
8. Compromise, compromise, compromise.
There is a saying in divorce law with respect to the husband and wife: “No one wins. It’s more a question of how well the mutual loss in controlled.” Another way of putting it is, “how much money can I stop my lawyer from making?” Regardless of where you live, the divorce system is driven by equity. In other words, the court is going to try and realize fairness. Understanding that this middle of the road approach controls, it makes sense that you help yourself get to the middle of the road. Be flexible, be creative, be compromising. Work toward settlement, rather than entrenchment. The more amicable the conduct between the spouses, the more likely the matter can be resolved quickly. The less time the lawyer spends on the case, the less time the lawyer bills for. By law the spouses must deal fairly and in good faith with each other. It is much easier, and cheaper, to follow the law and bring the matter to a swift conclusion, then it is to pursue some unreasonable objective (i.e., vindication against the other spouse, attempting to come out of the matter better than the other spouse by hiding assets, etc.). The rules exist for a reason. Play by them!
9. Consider alternatives to litigation
To get divorced you have to go through the legal system. However, the last place you want to find yourself during your divorce is in the courthouse. Court appearances, hearings, and trials all take an inordinate amount of time. And as we know, time is money. It’s not uncommon to have to pay a lawyer for four hours of sitting and waiting in the courtroom, just so that she can speak to the judge for ten minutes. Fortunately, there are alternatives. Divorce mediation is a very effective procedure for realizing a settlement and completing your divorce. The parties meet with a neutral attorney who renders advice, gives guidance, facilitates a settlement, and processes the paperwork with the court. Typically mediation is cheaper than litigation. Another alternative is Collaborative divorce. This is a process whereby the spouses and their lawyers contract to keep the case out of court. Before resorting to war, consider if your circumstances will allow resort to one of these alternative methods of resolution?
10. Ask yourself if you even need a lawyer?
An acquaintance approached me the other day with the bad news that he and his wife were breaking up. He was bewildered at what to do next. I asked him where things stood between him and his wife. He explained that neither was mad at the other, but that they had simply grown apart, and had come to the realization that there lives would be better apart, rather than together. They had even been able to sit down at the kitchen table and resolve all of their issues. Property division, child custody, support. They had put it all down on paper. Now they wanted to make it all right with the courts. Then he asked if I could help? I told him I could, but that I was probably not his best option. I explained that if he was not interested in getting legal advice along with his court proscribed paperwork, that he should consider preparing the court documents himself, or with the help of a divorce paralegal. There are an abundance of self help legal guide books that provide more than enough information for many people to do their own divorce. And paralegals are a viable, affordable option for those people who do not want to, or cannot prepare their own legal papers. Just remember, it is against the law for anyone other than a licensed lawyer to give legal advice.
Divorce is expensive. No doubt about it. However, that does not mean that the expense is uncontrollable. With foresight, organization, effort, and practicality it is possible to reduce the legal costs associated with divorce.
John E. Harding, J.D. is a lawyer with Harding & Associates in Pleasanton and San Francisco, California. His practice emphasizes all areas of California family law including divorce; separation; child custody, visitation, and support; spousal support, property division; and divorce mediation. He can be reached by telephone at 1-800-417-9220 ext. 202, or by e-mail at jharding@hardinglaw.com. The Harding & Associates website is located at www.hardinglaw.com.
Posted by Victor J. Medina -
Medina, Martinez & Castroll, LLC
Oct
31
Choosing a Divorce Attorney - Flexibility is Key
Filed Under Alternative Roads in Family Law, Attorney-Client Relationship, Family Law Basics | 3 Comments
I recently fielded a phone call from a business colleague who told me that she had referred me to a friend for matrimonial work. She mentioned that when she was getting a divorce she found that her attorney became too adversarial and impeded the progress of the divorce. She told me that, from her perspective, the divorce attorneys were making it about themselves and not about the clients.
I cringe when I hear that kind of story. One of the hallmarks of our practice is that the client and his/her needs are at the forefront of our minds when dealing with the case. I’ve often told many clients in an initial interview that I have no ego in the case. I can’t tell you how many times I’ve swallowed insult after insinuation about me and my firm because retaliation would have been counterproductive. This type of pliability in a negotiation is necessary because the goal is more important than maintaining ground in the ego game.
I also often have clients come in asking “Are you a fighter? I need a bulldog on this…” or “I really need someone who is collaborative…can you work with my ex’s attorney?” - I usually respond, kindly, that (1) yes, our firm can be all those things and (2) at this point, I’m not sure anyone knows what they’ll need in a divorce. A general way to state it is that they’ll need an attorney who can respond to the situation and can be what the circumstances warrant. I think there are a select few attorneys who can do that - at least in what I’ve encountered on the other side of the table. Most attorneys have one mode and have a reputation for being one thing. Those are the easiest attorneys to deal with (even the screamers) because you know what you’re getting from then and they’re rarely creative in their approach. That is, I almost never have to worry about not seeing the next move coming because it’s all so predictable. On the other hand, the crafty attorney is the one that never approaches the situation from the same angle. I’m on my toes with those attorneys because, having practiced that way myself, I know how crafty they can be.
The short of it is this - when you look for a divorce attorney or someone to handle your post-divorce family law matters, such as custody or support enforcement, seek out those attorneys for whom flexibility is a hallmark. In any divorce “battle”, you may need air strikes, sea power, diplomacy or a combination of four other things. If you restrict yourself to an attorney or law firm that specializes in air power with all the latest bombers, you’ll be vulnerable to the ground attack and may not avoid war altogether.
Was the war analogy too much? Just trying to get the point across.
Posted by Victor J. Medina -
Medina, Martinez & Castroll, LLC
Oct
17
Are you the perfect client for a divorce lawyer?
Filed Under Attorney-Client Relationship, Blogroll, Family Law Basics | 1 Comment
The Oregon Divorce Blog has an excellent post on what makes a perfect client for a divorce case. I’ve reprinted here in its entirety and it’s an excellent read.
What a lawyer thinks of as a “perfect client” in the domestic relations sense is a client who helps the process of the dissolution, custody, or support matter along. We know how hard this process is to be going through, but it can be a much more difficult process the longer it drags on — and a much more expensive one for you. (Although we like getting paid as much as anyone else, we believe we should be problem-solvers, not problem-creators.)
Good attorneys will always treat their clients — all of their clients — with the same professionalism and respect they treat any other client. However, by helping us help you, you can make the process smoother, lower your costs, and get a better result! Here are some things you can do to help your attorney in your domestic relations case, to make things run more smoothly.
Tell us everything — the good, the bad, the ugly. We want to know the nastiest things the other side might throw at us, true or not. If you have hidden sources of income, a stake in Anna Nicole Smith’s love nest in the Bahamas, or a rare coin collection, we need to know and plan accordingly. Provide us with your tax, banking, investment, insurance, titles to cars and whatnot, and any other requested information quickly in the process (if you can bring this stuff to your first meeting, we might very well cry with joy). If you’re not in a place where you can get the information, sign a release that allows the attorney to request the information on your behalf. Keep in contact with us. We’ll provide you with frequent updates, but there are times when we need to get in contact with you quickly, too. Similarly, let us know the best way to contact you. If you’re one of those people who hates checking her voicemail but lives on her computer (wait, that would be me when I’m at home), let us know your email address and if that’s a better way to stay in touch. Understand that a contested divorce may take a while, even if it ultimately settles. We want closure for you as soon as we can get it, too, but not at the expense of a good settlement for you. If your case involves child custody, parenting time, or support, sign up and follow through with the mandatory education classes as soon as you can. Remember that your attorney is there to give you expert advice and recommendations, but isn’t going to be able to make the final decision about whether or not you should take a settlement. He can and will tell you if it’s a good idea or a bad idea, and what the benefits and pitfalls of an offer might entail, but the ultimate decision is going to be yours. Also, if you don’t like the way negotiations may be headed, if you change your mind about the way the case is going, or if you’re just generally unhappy about something, please say so. We’d much rather know about it (and fix it) than to find out much, much later that you’d been unhappy for a very long time. Advice aside, we know that this may be the, or one of the most difficult times of your life. We treat all of our clients as we would hope to be treated under the same circumstances: with diligence to their case, courtesy, the utmost respect, and the highest level of customer service possible.
Good divorce lawyers will work as hard to manage the relationship with their clients as they work on the case itself. One of the areas where our law firm excels is in client communication. We’re typically able to return phone calls within 4 hours (and usually much quicker than that), we use email extensively, and, if clients agree, we use web 2.0 technology to communicate with clients regarding documents and filings. When you call the office, if we’re not with a client or on the phone, you speak with the attorney on your case directly - not an assistant. If you call for me and I’m available, you’ll talk with me.
We’re also real people with families and lives outside of the law. So, while we may read and respond to your email in the evening, we don’t guarantee it. We need breaks to be fresh to work on your case. However, even with our need to step away from time to time, you can still be assured of quick access to us.
Posted by Victor J. Medina -
Medina, Martinez & Castroll, LLC
Oct
12
Self-Help Forms for Divorces in New Jersey
Filed Under Alternative Roads in Family Law, Attorney-Client Relationship, Divorce & Separation | Leave a Comment
Here’s a recent post on government-sponsored legal advice. As you’ll read, Florida is providing both form-filling advice, as well as some simple legal advice on divorces.
New Jersey has its own self-help forms for simple divorces. The can be found by following this link. I’m not sure they’ll actually give you advice (though, I will tell you that the clerks often know more law that some lawyers), but it’s a great resource. Especially the kit they provide, which is much more than some forms.
Like Christine Bauer of Florida Divorce & Family Law Blog, I think this is a great idea. I don’t believe that lawyers are needed in every circumstance. In fact, most simple divorces or custody adjustments are often worse off with lawyers involved.
Posted by Victor J. Medina -
Medina, Martinez & Castroll, LLC
Oct
7
Prenuptial Agreements - revisited
Filed Under Attorney-Client Relationship, Family Law Basics, Marriage & Family | Leave a Comment
I recently posted on prenuptial agreement. I then came across a great summary of the case that illustrates the need to have competent legal counsel representing you before signing a pre-nup.
The women in the case ended up on the losing end of a challenge to the prenup. The court took into account a number of factors that weren’t relevant to her ability to adequately assess the situation. It shouldn’t have mattered whether she was a real estate agent or a securities lawyer - and it certainly wasn’t relevant that her husband was a millionaire. Either way, by signing a pre-nup the day before the wedding, without a lawyer, she ended in the worst position of all.
Posted by Victor J. Medina,
Medina, Martinez & Castroll, LLC