The recent announcement that Kelsey Grammer and his wife Camille are divorcing has been big news. What’s an even bigger story is the fact that the multi-millionaire Grammer did not have a prenuptial agreement. A recent article on a pop-culture website gives us a list of the top ten celebrities that didn’t have a prenup when they needed it most. Here is a sampling from the list of famous and most expensive divorces without a prenup. When Mel... 

When you’re planning on entering into a life-long commitment, it can seem counter-intuitive to plan about what happens after. A prenuptial agreement can be perceived as unromantic and pessimistic, but it can also be a very wise financial decision. Prenuptial agreements are on the rise especially among the “baby-boomers” entering into their second and third marriages, according to the Wall Street Journal . This is because baby boomers are... 

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, while admitting there are two points of view on the matter. The first point is from the view of the... 

Ah, forgetting to ask all the questions worries me. The problem of the unasked question has a tendency of coming back to haunt – if not to bite. For those of you thinking of doing your own divorce (or legal separation) agreements, I give you this paragraph from WOLSHIRE v. WOLSHIRE , 905 NE 2d 1051 (Ind Court of Appeals 2009) and suggest that you think long on it: We reach the…  Read More →

The Google Alerts blurb caught my eye and I spent some time yesterday evening reading IN RE MARRIAGE OF OBAIDI . Here are some of the facts: Ms. Obaidi and Mr. Qayoum were married for approximately 13 months. At the time of the marriage, Ms. Obaidi was 19 and Mr. Qayoum was 26. Mr. Qayoum is a United States citizen and has lived in the United States since he was three. Ms. Obaidi…  Read More →

Esther Schonfeld wrote what I think is perfectly sensible way to approach prenuptial agreements : While not an antidote to a difficult divorce, a prenuptial agreement certainly can make divorce less painful. I often describe prenups as insurance policies that protect against a protracted and brutal divorce proceeding. Prenuptial agreements provide a realistic alternative to a messy divorce by allowing both spouses to determine their own financial... 

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 35 years of work at the Delco Remy factory. Both were looking to protect their assets for themselves... 

Thank Google Scholar for this post. While doing some research I ran across Lifting the Veil of Ignorance: Personalizing the Marriage Contract , 73 Ind. L.J. 453 (1998). I suggest anyone having any opinions on our current family law system to give this a careful reading – some history, some statistics that might not be commonly known. Also, the writers avoid the usual dry as dust, insomnia …  Read More →

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 treasured quilt needs to be protected from the community assets of the marriage. The same would apply... 

I avoided discussing or mentioning anything about Tiger Woods’ marital problems because I just did not see any thing interesting for me or my readers. That is until I read Lawinfo Weblog ’s Tiger Woods Mistress Reveals Voluntary 3-Year Affair….. Should There Liability for Intentional Interference With Marriage? The reports are all over the media of how Tiger Woods apparently carried on an affair with his mistress, Jamiee Grubbs...