Richard C. Bardi & Associates LLC

Boston Family Law Blog

Bring up a prenuptial agreement in the right way

A prenuptial agreement protects you and your future spouse, but it is something that can be hard to discuss with them. This is because of preconceived notions that you are planning for the marriage to fail if you want to have an agreement in place. One thing that both parties must remember is that the premarital agreement will provide equal protections since it can't blatantly favor one person over the other.

When it is time to bring up the subject, you need to make sure that you are doing this in the best manner possible. Make sure that you are in the right place. This isn't something to discuss over dinner at a restaurant unless you have both already agreed that one needs to be established. Instead, bring it up in private or with your marriage counselor.

Working with your ex at the family business after a divorce

One of the challenges that comes with having a family business is being able to keep the business afloat if you go through a divorce. For some, this means keeping a meaningful working relationship. If you have to continue to work with your ex because you decided to keep the family business structure the same regardless of the divorce, there are some points that you need to consider.

While you are working out the details of the business relationship, you need to be as detailed as possible. Each person should have a clear grasp of what their duties will be for the company post-divorce. This needs to be stated very clearly so that even staff members know who to approach with specific issues.

Will divorce mediation work for you?

Contrary to popular belief, getting a divorce does not mean you need to go through the courts. In certain circumstances, alternative options such as mediation may be better. But how can you be sure divorce mediation is going to work for you?

There is no formula to determine whether you and your spouse will succeed at mediation. Sometimes, litigation is inevitable, but certain factors can help you figure out if it is worth a try.

Choose your negotiation methods for child custody carefully

Devising a workable parenting plan for your children can be rather difficult. One thing that can be hard for parents to understand is that they can't have their own way on everything. Taking the time to ascertain what is in the best interests of the children can be beneficial in these cases. There are some points that you will do well to remember as you go through this process.

You can't put anything or anyone before the children in these cases. Their needs are the only ones that matter. This can be hard to handle when your emotions are still raw from the split. Take the time to address your feelings and then put them in their place. Now is the time that you can only do what your children need you to do, even if that means that your ex "wins" some points in the custody arrangement.

Know specific points contained in a child support order

Child support is a way for a noncustodial parent to help pay for the expenses of the children because it isn't right for one parent to shoulder the entire financial burden of the kids. For the most part, the child support is ordered by the court, which means that the paying parent must cover at least that amount. It doesn't mean that it is the maximum that the parent can spend on their children.

One thing that is confusing about child support for some people is what it is supposed to cover. In a nutshell, these payments are meant to help with the costs of the child's basic needs. Once those are paid, the support payments can be used for anything else related to the child. Because housing, food and utilities are basic needs, the child support payments might be used to pay for those even though others in the home also enjoy the benefits of them.

Premarital agreements provide important protections

A prenuptial agreement is an important protection for both parties who are getting married. Thinking about these agreements at the beginning of the engagement can help you to ensure that you are getting it all set up in the best way possible. There are a few considerations that you have consider when you are preparing to sign a prenuptial agreement.

First, you have to set the agreement up to be fair. In order to do this, you have to fully disclose all applicable financial matters to the other party. Hiding assets isn't ever allowed, and deciding to hide assets can lead to the agreement being invalidated. The circumstances of the marriage, such as the length of it, matter when determining what is fair.

An only child faces unique challenges during divorce

An only child is accustomed to having their parents at the home for support. When the adults decide to divorce, the support system is disrupted in a way that can have a negative impact on the child. Unlike kids who have siblings, only children don't have anyone else their age in the home who can walk the divorce journey with them. This makes it a more difficult transition for them.

One of the challenges that comes with a single child during a divorce is that they are more likely going to feel like their world is shattering. This can cause problems in their social life and at school. Their grades might suffer, but it might be hard for the teachers and parents to see the full scope of the problems that are occurring with the child.

5 times a postnuptial agreement makes sense

Weddings are a celebration of love and commitment. While the ceremony often brings flowers, friends and family members together, a marriage certificate does not guarantee a lifetime of happiness. On the contrary, you probably have about a 39% chance of divorcing, reports TIME. 

Prenuptial agreements are often an effective way for soon-to-be spouses to protect themselves financially and otherwise. If you do not have a prenuptial agreement, executing a postnuptial one may help you achieve the same goals. Here are five times postnuptial agreements usually make sense.

Know how parenting plan terms impact children

Child custody orders outline what can and can't happen with the children. These orders tell you what you are responsible for and what you ex must do. For many parents, these agreements are made during a negotiation process that enables each one to have a say in the final decisions. We know that this might seem daunting now because you have to deal with your ex to get this done, but we are here to help you work through these matters.

There are various facets of child custody that must be decided. Think about the decisions you make on a daily basis for your kids. You have choices about their education and their health care. You approve their extracurricular activities and social events. When you have a child custody agreement, all of these aspects might be discussed, so you will need to review the agreement before you make any choices.

Know what you can include in a premarital agreement

A prenuptial agreement is a topic that many people who are engaged don't really want to talk about. Some of them assume that discussing this document means that they assume the marriage will fail. This isn't at all the case. Being able to work out a premarital agreement could mean that the union is stronger than average because you have a mutual understanding about the financial matters before you say "I do."

There are several things that you need to consider if you are going to have a prenup. One of the most important is that you need to know what can be included in the agreement. You should distinguish what is considered marital property and what is considered separate property. Don't think only about things that you have now. Think about possible inheritances that you might receive in the future.

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