Richard C. Bardi & Associates LLC

Boston Family Law Blog

Prenuptial agreements should protect both parties

Getting married is a big event in your life. You have to ensure that you are marrying the right person and that you have protections in place if anything goes awry. One thing that you can do is to sign a prenuptial agreement with your future spouse. This sets the terms for what will happen if the marriage dissolves. We will help you evaluate the possibilities so that you can determine what you feel is best for your current situation.

Some people think there is a certain "ick factor" present when you ask for a prenup. The fact is this is a document that can protect both parties, so it is in everyone's best interests to consider signing on. We can work with you to make sure that there are protections for both parties in the document.

Provide your children with support in school during your divorce

Telling your children that their parents are divorcing isn't going to be easy. You have to ensure that you are explaining it in a way that they can understand. But the work that you have to do doesn't end there. You also have to figure out how to help the children thrive after the separation.

Children who are in school will face specific challenges when they return. There are some ways that you might be able to help them adjust so that it doesn't impact their schooling.

Make priorities for running your joint business after divorce

Divorcing when you have a business requires equal parts finesse and diplomacy. Some couples choose to continue to run the business as a team even after the divorce. If this is what you are planning on doing, make sure that you are well prepared for what is to come.

There are three main priorities that you have to consider in these cases.

  • Who will handle which business components? You and your ex each need to have clear roles for running the business. Deciding this now can reduce the likelihood of problems in the future.
  • How will both people be paid? Decide how profits will be split, as well as which expenses each party is responsible for.
  • What happens when conflicts arise? There are bound to be disagreements when you and your ex work together. Setting up the terms for conflict resolution from the start of the agreement gives you a blueprint for resolution.

A prenup provides protections to both spouses

Asking the person to who you are engaged for a prenuptial agreement might seem like a less-than-desirable thing to do. This misconception might mean that you are missing out on an important protection for both you and your betrothed.

Prenuptial agreements can't be one-sided, so you shouldn't assume that you will seem selfish when you ask for one. Instead, these agreements must be balanced. If they are ever brought before the court, it is possible for them to be thrown out if they favor one party over the other.

Sometimes divorce mediation just does not work

Divorce proceedings are often emotional affairs. After all, you must eventually walk away from the person you pledged to love forever. While getting through a divorce can be challenging for anyone, mediation may help you avoid much of the animosity that comes with dissolving a marriage. 

In recent years, the Massachusetts divorce rate has fluctuated between 35 and 50 percent. As such, while you may feel alone, your neighbors may be going through the same emotions you are. There is a good chance someone you know has chosen mediation to dissolve a marriage. While mediation is often effective, it does not work in every situation. Here are three signs you may need to rethink your mediation. 

Spending time with both parents is important for children

One of the hardest things for parents to do is accept the fact that their children will have to spend time with the other parent after a divorce. Both parents have probably gotten accustomed to having the kids around all the time. While they might feel happy that they do get a little time alone, it can still be a challenge.

Trying to find the good within the situation can help you to feel less stress about what's going on. One positive aspect of most custody cases is that the child gets to share love with both parents.

Set up a plan for business success after divorce

Family-owned businesses can often suffer when the couple running them has to go through a divorce. While it isn't very common, it is sometimes possible for the exes to continue to work together to run the business. This can be a challenge, but it can also be very rewarding.

If you are going to try to continue to oversee the business together, you will have to ensure that you are taking steps to protect the business and keep things in order. Here are some tips you might find helpful:

  • Mutual trust and respect are imperative. You have to know that your ex is going to always do what is best for the business. Employees and customers shouldn't have to deal with you and your ex demeaning each other.
  • Realize that you need your ex's skills. Chances are that you have each carved out an area of the business that is your own. You and your ex probably have unique skillsets. Continuing to run the business together allows the company to benefit from this.
  • Set boundaries for interactions. This must include what will happen if you or your ex has a new significant other. It can also include boundaries about who will be responsible for specific aspects of the business, as well as what decisions must be made together.
  • Plan for disputes. You might need to have a neutral third party on standby to help resolve conflicts when they arise. This person should know your company and be familiar with the ins and outs of it, so they can help you make decisions in the best interests of the company.

Child custody exchanges should be easy on the children

When your children move from your home to your ex's or back again, things can be stressful. Every custody exchange can be a big adjustment for them, and they are counting on you to help them through it.

Here are several ways that you can take the stress out of transitions:

Know how you will handle child care arrangements on school breaks

Child custody can be a challenge during the school holidays. You have to figure out when you are going to have the children so you know when you'll need to plan for child care. While many people automatically think of the long breaks, such as summer and winter holiday breaks, the short ones and even half days are just as challenging. We know that you might not feel prepared, but it is an important consideration, especially if your children are younger.

The parenting plan schedule you have is your first stop when you are trying to make these plans. If you and your ex live close to each other, you need to decide whether you are going to use the same child care provider. While using the same provider is easier on the child since they don't have to adjust to new people or places, it can be a challenge for you and your ex.

3 things to know about relocation with children after divorce

Divorce and child custody agreements are difficult to muddle through. When it comes to deciding issues such as custody, visitation, co-parenting plans and the like, even the most amicable parties can become emotional. An issue that may plague custody agreements is relocation out of the state by the parent with primary custody. In those instances, Massachusetts is not the first home of the person seeking to move. Relocating would allow the person to perhaps gain better access to jobs or personal support networks, such as extended family and friends.

When considering asking for an out-of-state relocation or opposing one, there are some things you need to know.

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