Category Archives: Postnuptial agreements

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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Postnuptial Agreements are for Parents, Not Children

Parents naturally want to do all they can to take care of their children. Sometimes this instinct leads to spouses trying to create contracts about how they will raise their children if they ever divorce. The hope is the family … Continue reading

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Addressing Debts in Postnuptial Agreements

Spouses can use postnuptial agreements to manage debt and avoid joint liability. Through the postnuptial agreement, spouses define which debts and assets are separate and which are marital. This establishes who is responsible for specific debts.  However, it may not … Continue reading

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Why Hiring Two Lawyers Produces Better Postnuptial Agreements

Yes, spouses really should hire two lawyers when they enter a postnuptial agreement. This is true even when both spouses want to enter the agreement and when they agree on all terms. For purposes of the postnuptial agreement, the spouses … Continue reading

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The Reality of Marital Agreements

Although more couples are entering marital agreements in today’s society, there are still a lot of myths surrounding prenuptial and postnuptial agreements. The misconceptions involve all areas, such as the purpose of a marital agreement, who should sign one, and … Continue reading

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Postnuptial Agreements bad for public policy? The Connecticut Supreme Court said “No” in Bedrick v. Bedrick

Throughout the country, states are grappling with the question of whether postnuptial agreements are valid and enforceable contracts. Until recently, state courts were not willing to uphold postnuptial agreements, believing they offended public policy. The agreements were originally thought to … Continue reading

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Marital Agreements as an Estate Planning Tool

A number of unique challenges arise when balancing the inheritances of a spouse, children from different relationships, and stepchildren. Unfortunately, the difficulties can continue after death, as lawsuits involving challenges to estate documents are more common in blended families than … Continue reading

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Batting Zero: Did the McCourt Postnup Destroy Their Marriage?

Below is a guest post by Laurie Israel on the McCourt postnuptial agreement. A shorter version of this article was published on HuffingtonPost. Last weekend, I waded through the 100-page California Los Angeles Superior Court opinion on the Frank and … Continue reading

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Key points in postnuptial or marital agreements

Here are some standards from the American Law Institute (ALI) about ‘marital’ (i.e., postnuptial) agreements: A marital agreement is presumed that it was not made under duress if parties were advised to obtain independent legal counsel, and had reasonable opportunity … Continue reading

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Case Study: Postnuptial helped set aside financial stress in the marriage

[Editor: This episode is part of a video interview series with MaritalMediation member Rebecca Fishman Green in which she talks about her experience as a marital mediator.] “For them it felt fair for the husband to be solely responsible for … Continue reading

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Criteria for writing a postnuptial agreement – More on Ansin v. Craven

This week brings more coverage of the Ansin decision in the Business West journal. We’ve been running many stories on the Ansin v. Craven decision, including William Levine’s postnuptial legal overview and other articles related to marital and postmarital agreements. … Continue reading

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Helping save a marriage through Mediation to Stay Married

This is an edited excerpt by Vicki Shemin in the MCFM quarterly. It is the true story of a couple that considered divorce, but decided to stay together after drafting a postmarital agreement regarding the parenting of their young son. … 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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Joanna Grossman on Ansin v. Craven-Ansin

Here is another summary on the Ansin case, from law professor Joanna Grossman. Here are the facts of the case the SJC recently resolved: Kenneth Ansin and Cheryl Craven-Ansin married in 1985. At the time, like ninety-five percent of couples … 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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The American Law Institute (ALI) on postnuptial agreements

The American Law Institute (ALI) in its Principles of the Law of Family Dissolution (2002) has written standards applicable to postnuptial agreements, i.e., agreements made during a marriage where divorce is not imminent. These principles have been incorporated (or rejected) … 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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Case Study: Postnuptial agreement for second marriage

Judith and William are in their 60s. It is a second marriage for both, and they each have children from their prior marriages. Judith, a widow, accumulated some wealth from her deceased husband. William’s financial circumstances are more modest. They … Continue reading

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Eugene and Dolores postmarital agreement

From The American Law Institute, Principles of the Law of Family Dissolution: Analysis and Recommendations When Eugene and Dolores marry, they are both employed with comparable incomes, and have no children. Thirteen years later, they have two children, ages seven … Continue reading

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