On behalf of Philip A. Greenberg, P.C. Attorneys at Law posted in Prenuptial Agreements on Saturday, June 8, 2013
In April, we covered the case of a New York couple who was in court disputing the validity of the prenuptial agreement they signed in 1997. The woman involved in the case moved to nix the agreement because her husband failed to provide proof of identity to the notary at the time the document was signed. The dispute began in 2007 and worked its way through the courts until just recently.
At the end of May, a Rochester, New York, appeals court ruled in favor of the wife. The husband tried to make the case that failing to check for identification was an "honest mistake," and provided a sworn affidavit from the notary in 2007. Having an affidavit ten years after the fact was not enough to sway the court, however.
On behalf of Philip A. Greenberg, P.C. Attorneys at Law posted in Divorce on Thursday, June 6, 2013
New York signed same-sex marriage into law in 2011, and it has no residency requirements for individuals seeking a marriage license. What that means is that couples can come from any part of the country and marry in New York.
However, New York does have a residency requirement for same-sex couples wishing to receive a divorce. Also, simply because same-sex couples from out-of-state marry in New York does not mean that their marriage will be recognized in their home state, or that they will be allowed to file for a divorce in the state in which they live.
On behalf of Philip A. Greenberg, P.C. Attorneys at Law posted in High Asset Divorce on Thursday, May 30, 2013
Everyone knows how nasty divorces can be, especially when significant assets are at stake. The goal in these cases is limit the high drama and keep difficult emotions in their appropriate corners. That isn't always possible, though, and sometimes divorcing spouses go to flamboyant lengths in an effort to negotiate what they believe is their rightful property.
That appears to have been the case recently in Manhattan, where the divorce settlement between former model Kim Charlton and her ex-husband became a bit stormy. In fact, the dispute hinged on a $150 weather vane that the ex-husband said he was owed, and without which he said he would withhold $365,000 from his settlement with Charlton.
On behalf of Philip A. Greenberg, P.C. Attorneys at Law posted in Prenuptial Agreements on Wednesday, May 29, 2013
Maybe you have a nagging feeling, a quiet, intuitive, little "no" arising every time you look at your unsigned prenuptial agreement. Too many people in New York enter into these agreements without the proper legal support and guidance, and sometimes a whole bowlful of emotional and financial pain comes when the marriage dissolves, even though a cupful should have been sufficient.
These days prenuptial agreements offer a practical solution for couples who think the state's built-in prenuptial agreement isn't quite right for their particular situation. We've written before about how each state has prenuptial and postnuptial terms built into state laws.
On behalf of Philip A. Greenberg, P.C. Attorneys at Law posted in Divorce on Wednesday, May 22, 2013
A long-awaited review of some controversial New York divorce laws has finally been made available to state lawmakers. The Law Revision Commission took a close look at the state's formula for determining alimony, as well as the legal precedent that categorizes professional licenses and degrees as marital property.
Three years ago, legislators passed a law that created a formula for awarding alimony. The purpose of the law was to offer a more consistent approach to alimony awards, especially for New Yorkers who can't afford to hire attorneys.
On behalf of Philip A. Greenberg, P.C. Attorneys at Law posted in Prenuptial Agreements on Friday, May 17, 2013
While it may be true that many people with high assets will never need to count on a prenuptial agreement to protect their property, that certainly isn't true for everyone. People who never could have imagined getting divorced end up dividing their property in a divorce settlement. Prenups can certainly help couples realize their financial goals, but a prenup can also keep assets and debts in the right camps if the marriage should become irretrievable.
The New York divorce of celebrity and former pharmaceutical company owner Stewart Rahr is an instructive example. He and his former wife Carol did not have a prenuptial agreement, and billionaire Stewart is obliged to give up 16 percent of his fortune in the divorce settlement.
On behalf of Philip A. Greenberg, P.C. Attorneys at Law posted in Child Custody on Wednesday, May 15, 2013
Despite what may seem to be the case from the outset, it's best not to assume that your divorce will be completely amicable, especially when high assets and child custody issues are involved. For example, consider the New York divorce of Bethenny Frankel, the Skinnygirl founder whose high-profile marital split has been hard to miss in national headlines.
Her divorce from husband Jason Hoppy was initiated back in January, and early on, the former star of "Real Housewives of New York" said she expected to "amicably co-parent" the estranged couple's 2-year-old daughter. Frankel also said that she and Hoppy continue to "love and respect" one another.
On behalf of Philip A. Greenberg, P.C. Attorneys at Law posted in High Asset Divorce on Thursday, May 9, 2013
Usually, after a married couple goes through a divorce, the initial reasons for the divorce, combined with the often stressful details of the process, effectively preclude the possibility of the parties getting back together. But sometimes former spouses do try to rekindle their relationship and even remarry each other. In New York, as you can imagine, remarrying your former spouse (or anyone else, for that matter) requires taking careful legal steps with regard to the initial divorce agreement.
These issues likely arose for high-earning NASCAR chairman Brian France. His divorce documents, which he fought to keep sealed, were recently unsealed, revealing the details of his tumultuous relationship with his ex-wife Megan.
On behalf of Philip A. Greenberg, P.C. Attorneys at Law posted in Prenuptial Agreements on Friday, April 26, 2013
The state of New York has specific laws related to drafting prenuptial agreements. In particular, the Domestic Relations Law requires that soon-to-be spouses go before an authorized person, usually a notary, and acknowledge the terms of the prenup. That acknowledgement must be oral and written for the agreement to be valid. Also, a New York statute requires that the notary confirm the identities of the parties involved.
In other words, for a prenuptial agreement to hold up in court, you have to dot the t's and cross the i's.
On behalf of Philip A. Greenberg, P.C. Attorneys at Law posted in High Asset Divorce on Wednesday, April 24, 2013
It used to be that marriage was seen as a more or less unshakeable legal agreement, whereby a man and a woman decided to remain together unconditionally for the rest of their lives. Emphasis on "used to be." Times have changed. Marriages between men and women, women and women, or men and men are all legal possibilities in New York, and most people, including older individuals, no longer see marriage agreements as unconditional.
And rightly so. Real problems such as addiction, infidelity and abuse are valid grounds for spouses to file for divorce. But, as the phenomenon called "gray divorce" illustrates, couples can also just drift apart over the course of a marriage that no longer makes their lives better. In other words, the conditions of the marriage aren't conducive to individual happiness.
