Drafting Agreements – Cover All the Bases
Take this scenario: parties agree that one gets Y unless x happens. Being even more specific, assume that one party agrees to give the other half a pension, unless the other married. What happens if the other party does not marry but lives with someone? Does the other party get the share of the pension? Answer: Yes. You get stuck with the language you put into an agreement. No better reason exists for getting a lawyer to at least read any agreement put together during any case. A lawyer provides to the parties an objective, critical for catching the problems that might arise out of a proposed agreement. I think document
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Husband was to pay $9,000.00 in installments to wife, husband does pay as ordered but instead starts paying out of a pension payment, and then stopped those payments after paying $7,502.66. ( Marriage of Hurt , pages 2 -4). Apparently, they lived together after the divorce. At a contempt hearing, the parties disputed whether the money sent by husband...
And a good example why to hire a lawyer. Such is Beaman v. Beaman , 844 NE 2d 525 (Ind: Court of Appeals 2006). First, the case demonstrates – to me – why few legal separation case are filed or go on for very long. Notice how easily the parties slipped from a separation case a dissolution case (and see what I wrote here ). Now about why...
If you have a family business then read the following from The Williston Herald, Family roles play a part in farm operation, succession A family death brings questions about new roles : “To help deal with in-laws, Hanson is now a firm believer in prenuptial marriage agreements. ‘It’s just good business management,’ he said,...
Let us go back to 1996 and Rider v. Rider , 669 NE 2d 160 for a description of unconscionability : In this case, there is no evidence of fraud, duress, misrepresentation, or unconscionability at the time the contract was made. Leslie brought most of the property to the marriage; Charles brought few personal assets and a modest income from more than...
Indiana has no alimony. What we have is spousal maintenance – and the General Assembly has limited when the courts can grant spousal maintenance ( see my article here for more of an explanation). However, the parties can agree to what the courts cannot grant. What then if the parties agree to something – such as maintenance – which...
I don’t encourage anyone to divorce. From my experience divorce doesn’t solve problems, it only adds to the problems you already have. In some cases a marriage is so far beyond repair, a few extra problems post divorce is no reason to stay. What do you do in today’s economy where money is short and problems can seem overwhelming?...
Divorce parties have become more and more popular in the past decade. The idea behind these parties is that recent divorcees invite their family and friends to celebrate their dissolved marriage and newly found freedom. But unfortunately for one British woman, her divorce party ended with a fatal twist. BBC news reported that Katrina Jones was stabbed...
Image via Wikipedia I agree wholeheartedly with the sentiment of Wedding Planning and the Prenuptial Agreement: Prenup Considerations Every Bride and Groom Should Know even if I quibble with some of the details: Courts don’t make allowances for sentimental value, so if a bride wishes to keep her great-grandma’s quilt after a divorce , that...
Image by publik 16 via Flickr Divorce Saloon published Retainer agreements and your divorce: A primer . Some applies directly to Indiana, In New York and most other if not all other states in the Union, a retainer agreement in matrimonial actions is a requirement. Failure to execute one and provide a client with a Statement of Clients Rights and...
Everyone should read Lesson Learned From Case of Child Abducted to Brazil and Retained for Five Years: An International Convention is Only As Good as Its Enforcement Mechanism from Florida Divorce * Child Custody * Domestic Violence Law Lawyer for more than its obvious topic: Yet, in a recent case there, the Indian Supreme Court ruled that an Indian...
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