Category Archives: Legal Cases

Different Types of Postnuptial Agreements Equal Different Results in Michigan

Michigan law divides postnuptial agreements into three categories. The requirements and enforceability of a postnuptial agreement depends upon its classification. First, postnuptial agreements that are entered by spouses who have separated will be upheld as settlement agreements. Second, postnuptial agreements … Continue reading

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In re Marriage of Burkle: California’s Presumption of Undue Influence

California provides for postnuptial agreements by a statute, section 721 of the California Family Code. The statute explains that spouses have a special relationship with each other that “imposes a duty of the highest good faith and fair dealing.” It … Continue reading

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Fair and Reasonable in Massachusetts Postnuptial Agreements

Until recently, there were two types of enforceable contracts used to define property rights upon divorce: prenuptial agreements and settlement agreements. Prenuptial agreements are executed before the parties marry, while settlement agreements are created when the parties have decided to … Continue reading

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Ansin v. Craven-Ansin: Good News and Practical Suggestions for Marital Mediation

William Levine What better way is there for a mediator to help a couple who really do not want to divorce than a process that can take the spectre of contested divorce proceedings out of play, and thus, out of … Continue reading

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Decision on Kenneth S. Ansin vs. Cheryl A. Craven-Ansin

This just in… the slip opinion for Ansin v. Craven-Ansin. Worcester. April 5, 2010. – July 16, 2010. Present: Marshall, C.J., Ireland, Spina, Cowin, Cordy, Botsford, & Gants, JJ. Husband and Wife, Marital agreement. Contract, Marital agreement. Divorce and Separation, … Continue reading

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Stanley R. Fogg v. Geraldine Fogg – Postnuptial Agreement

Fogg v. Fogg, 409 Mass. 531 (1991), is a postnuptial agreement enforceability case, in which the Massachusetts Supreme Judicial Court (SJC) denied enforcement of the agreement. It was a second marriage for both, and each had children from previous marriages. … Continue reading

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Ansin v. Craven-Ansin, A Massachusetts Postnuptial

Ansin v. Craven-Ansin is an important recent case in Massachusetts. The issue is the validity of the postnuptial agreement and whether it may be specifically enforced. See Fogg v. Fogg, 409 Mass. 531, 536 (1991). The Massachusetts Supreme Court recent … Continue reading

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Burkle v. Burkle

Burkle v. Burkle was a 2006 California case in which the enforcement of a postnuptial agreement was contested by the wife at the time of divorce (Janet E. Burkle v. Ronald W. Burkle, 139 Cal.App4th 712 2006). In Burkle, a … Continue reading

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