Category: Marriage & Prenuptial Agreements

Strategic legal leverage for your most critical assets.

The paperwork you need to prove your business is pre-marital property

The paperwork you need to prove your business is pre-marital property

The brutal reality of business ownership and divorce I recently spent 14 hours deconstructing a contract that was designed to be unreadable, only to find the one clause that changed everything for my client. It was not a grand legal theory that saved their business. It was a single, dusty bank statement from 1998 that…
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The strategy for keeping your business if you didn't sign a prenup

The strategy for keeping your business if you didn’t sign a prenup

Sit down and drink your coffee. It is going to be a long day and you probably will not like what I have to say. You built a company from nothing, or maybe you built it from a small seed, and now your spouse wants half of the harvest because you thought a prenuptial agreement…
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The mistake that makes your postnup completely unenforceable

The mistake that makes your postnup completely unenforceable

The smell of strong black coffee permeates my office while I stare at a stack of documents that will soon be worthless. You think your marriage is protected because you signed a piece of paper. You are wrong. Most postnuptial agreements are not worth the premium bond paper they are printed on because they ignore…
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Why your pre-marriage assets might actually be at risk

Why your pre-marriage assets might actually be at risk

I recently spent 14 hours deconstructing a contract that was designed to be unreadable, only to find the one clause that changed everything. My client sat across from me, the smell of burnt coffee filling my office, convinced his pre-marriage real estate portfolio was an untouchable fortress. He was wrong. A single repair invoice for…
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How to draft a prenup that actually protects your future kids

How to draft a prenup that actually protects your future kids

I recently spent 14 hours deconstructing a contract that was designed to be unreadable, only to find the one clause that changed everything. It was a single sentence buried in the choice of law provision that effectively disinherited the client’s children from their first marriage. This is the reality of the draft. It is a…
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Why your pre-marital debt could become shared debt

Why your pre-marital debt could become shared debt

I watched a client lose their entire claim in the first ten minutes of a deposition because they ignored one simple rule about silence. We were sitting in a sterile conference room overlooking the harbor, and the opposing counsel asked about a credit card account opened three years before the marriage. My client, desperate to…
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The mistake of assuming your business is off-limits during a split

The mistake of assuming your business is off-limits during a split

Sit down. Drink your coffee. It is going to be a long night because your business is not the fortress you think it is. You spent fifteen years building a firm, missing dinners, and sweating over payroll, and now you believe that your name on the articles of incorporation makes the entity off-limits. It does…
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The specific clause your postnup needs to be valid

The specific clause your postnup needs to be valid

The specific clause your postnup needs to be valid I recently spent 14 hours deconstructing a contract that was designed to be unreadable, only to find the one clause that changed everything. It was a single sentence buried in a forty page postnup. It did not look like much. But that one sentence stripped my…
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How to protect your separate property after five years of marriage

How to protect your separate property after five years of marriage

The five year transmutation trap Separate property often becomes marital property through commingling or transmutation when spouses mix inheritance or pre-marital bank accounts with community funds. Without a post-nuptial agreement or meticulous asset tracing, a family law court may award half your pre-marriage equity to your spouse during divorce litigation. I recently spent 14 hours…
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The reason your prenup needs to be updated after your first child

The reason your prenup needs to be updated after your first child

Sit down and listen. Your coffee is cold and your current prenuptial agreement is a paper shield in a tank battle. You think because you signed a document five years ago before the wedding that your assets are protected. You are wrong. I recently spent 14 hours deconstructing a contract that was designed to be…
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