Category: Marriage & Prenuptial Agreements

Strategic legal leverage for your most critical assets.

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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Why your spouse's debt from before the wedding isn't yours

Why your spouse’s debt from before the wedding isn’t yours

The wall between premarital and marital law Premarital debt remains the sole responsibility of the original debtor because marriage does not retroactively bind a separate property obligation to a spouse. State statutes generally protect non-debtor spouses from collections regarding credit cards, student loans, or judgments incurred prior to the issuance of a marriage license. I…
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Why your business partner needs to see your prenuptial agreement

Why your business partner needs to see your prenuptial agreement

Listen. Your business is a target. If you think your marriage is a private affair while you are running a company with other people, you are a fool. I have seen empires fall because a founder thought their love was enough to keep a spouse out of the board room. I smell like strong black…
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Why your lawyer wants to see your tax returns from before the marriage

Why your lawyer wants to see your tax returns from before the marriage

The myth of the fresh start I recently spent 14 hours deconstructing a financial disclosure that was designed to be unreadable, only to find the one line in a 2012 tax return that changed the entire alimony calculation. Most clients walk into my office thinking their life before the wedding is a closed book. They…
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Why your wedding gift from your parents might be community property

Why your wedding gift from your parents might be community property

You think you are protected because your parents handed you a check for a hundred thousand dollars. You think that money is yours because the ink on the check was dry before you ever walked down the aisle. You are wrong. I recently spent 14 hours deconstructing a ledger of wire transfers that was designed…
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The danger of signing a postnuptial agreement under pressure

The danger of signing a postnuptial agreement under pressure

I smell strong black coffee and the stale air of a law office at 3 AM. Your case is failing because you thought a signature was just a formality. It is not. It is a suicide note for your financial future. I recently spent 14 hours deconstructing a contract that was designed to be unreadable,…
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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. The document was a postnuptial agreement, drafted by a high-priced firm that focused more on the thickness of the paper than the strength of the language. My client was about to lose…
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How to keep your inheritance out of the divorce settlement

How to keep your inheritance out of the divorce settlement

The Brutal Truth-Teller speaks from experience. I smell like strong black coffee and the cold ink of a court transcript. Your marriage is failing and your inheritance is in the crosshairs. You think because your grandfather left you that money it is safe. You are wrong. I recently spent 14 hours deconstructing a contract that…
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