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On occasion, a party to a divorce proceeding that is still pending will die by legitimate means. When this occurs, it can amount to a windfall for the other spouse and it can leave children from previous marriages out in the cold and very disgruntled. It is recommend to people who are divorcing that they speak to an estate planning attorney as soon as possible after the filing of a petition and find out whether they should execute a divorce will so that their loved ones are protected in the event of their untimely death.
The MSA, or Marital Settlement Agreement, is the culmination of a negotiation process that substitutes your ideas of a fair divorce for one imposed on you by a judge. Some research has estimated that 30% of divorce cases wind up back in court, often because it wasn’t done “right” the first time.
Before getting married, many couples are now choosing to enter into a premarital agreement. Premarital agreements, also known as pre-nuptial or ante-nuptial agreements, once seemed to be reserved for Hollywood stars or celebrities. However, over the last decade, it has become more and more common for a spouse to sign a premarital contract with his or her future spouse, especially on the West coast.
There are many details to think about when you’re planning your wedding; however, a prenuptial agreement (also known as a premarital agreement) shouldn’t be left to the last minute. Here’s a list of issues to think about before you speak to your fiance and your lawyer regarding a premarital agreement.
You may not be rich, but you definitely want to have a successful marriage. Having those honest discussions regarding how the two of you will approach finances will ensure that there won’t be any surprises once you are married. You never want to actually need to enforce the premarital agreement, right?
In a letter distributed to all divorce litigants, the Supervising Judge of the Los Angeles Superior Court Family Law Departments points out that mediation is cheaper, faster, less stressful, and less harmful to children and relationships than going to court.
Not only for first time marriages but also for successive marriages, couples should give some consideration to what the institution of marriage bestows on each of them as spouses (and now to a similar degree for registered civil unions between same sex couples).
Here are some typical parts to a co-parenting agreement.
Cooperative parenting is a process whereby parents living apart agree to act jointly in the best interests of their children, by establishing two homes for them and by consulting with one another concerning the needs of the children and their own needs as co-parents.
Joint or sole custody may be awarded based on the best interests of the child and other factors that include 1) the preference of the child, 2) the desire and ability of each parent to allow an open and loving relationship between the child and the other parent, 3) the child's health, safety and welfare, the nature and contact with both parents and 4) the history of alcohol and drug use. Marital misconduct may be considered.
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