As much as we often try to keep things amicable in a divorce or custody case, there are some things that are fairly well established hard and fast rules. Dividing the retirement, for example, and how to handle division of equity in the home – easy peasy. Some of the more complicated issues are usually...
Virginia Separate and Pre-Marital Property
The general wisdom seems to be that, if you bring property into a marriage, you should protect it with a prenuptial agreement – or, even, by not getting married at all. I can’t tell you how many times someone has told me this. That’s why it’s always a very good idea to talk to an...
Hey, it’s okay! If you only recently got married, and you’ve started to think that maybe it was a mistake, I can tell you that you’re definitely not alone. In fact, I think you’re one of the luckier ones. After a year or less, there’s often very little to divide, and no one is so...
In most cases, my clients have been with their husband for a number of years, accumulating a number of possessions – both consequential and inconsequential. Though we don’t often spend much time dividing the sheets and bath towels, other things, especially big ticket items like houses and cars, do occupy a fair amount of time...
Prenuptial agreements aren’t a whole lot of fun. In almost every case I’ve ever seen, one party has the other party completely over a barrel, and it diminishes any amount of bargaining power that she might have otherwise had. But, then again, that’s the point, isn’t it? There’d be no real need for a prenuptial...
Women frequently bring us in already drafted agreements for our review and comment. Usually, a drafted agreement – whether it’s a prenuptial agreement, a marital agreement, or a separation agreement – includes some sort of language that says there’s been a full and frank disclosure of the assets and liabilities, and also that each party...
Prenuptial agreements are pretty commonly misunderstood. I often hear that someone should may consider a prenup if they had substantial assets before the marriage that they wanted to protect. Under Virginia law, though, property that you earned or owned prior to marriage is already separate – it’s already yours, it stays yours, and it doesn’t...
I got a good question at one of my Second Saturday seminars the other day. A woman asked, “What’s a reconciliation clause? Do I even want one? I don’t plan on reconciling!” She went on to say that a reconciliation clause wasn’t included when she and her husband met with a mediator, but then that the...