Support issues are difficult enough when the parties are solvent, but what happens when one of the spouses goes through bankruptcy? Can support obligations be discharged? And on the other side, can the receiving spouse still collect if he or she files for bankruptcy?
The parties thought they had covered everything (or maybe one party was being sneaky), but it turns out that some property was left out of the divorce proceedings and thus never made it into the judgment. Here’s how to deal with that situation—and how to better protect your client before this situation arises.
Going through a divorce is difficult on many levels. Your client may feel like his or her personal life is laid bare for everyone to see. As an attorney, you can’t protect your client from the emotional exposure involved in divorce, but you can take measures to protect your client’s financial laundry from being publicly aired.
The rumor that Tom Cruise and Katie Holmes signed a five-year marriage contract prompted a New York Time’s article on the idea of 20-year renewable marriage contracts as a way of overhauling marriage in our society. The idea of short-term, renewable marriage contracts can be appealing, but would such agreements be enforceable under California law? The hitch may be in California law’s abhorrence of anything that promotes divorce.
Blended families are very common today—from the Kardashians to the Jolie-Pitts, Hollywood has myriad examples. In a blended family, there are children from a prior relationship and also perhaps children with the current spouse. This situation presents many blessings and challenges, including those for estate planning attorneys. Even if your clients’ assets are modest, planning for them in the context of the “blended family” requires careful analysis.
A “Divorce Hotel” may be coming soon to a luxury hotel near you! As the New York Times explains, “Check in on Friday, married. Then, with the help of mediators and independent lawyers, check out on Sunday, divorce papers in hand, all for a flat fee.” Not surprisingly, this concept may have the makings of a reality show too.
With the recent nuptials of Mark Zuckerberg and Priscilla Chan, there has been speculation as to whether the billionaire Facebook CEO had Ms. Chan sign a premarital agreement. We may never know the answer to that question — at least not if the marriage is a successful one — but we do know that premarital agreements are recognized under California law. But that doesn’t mean you can agree to anything in a premarital agreement; there are some things that you just can’t sign away.