Posts belonging to Category Settlement

START THINKING ABOUT 2012 IN YOUR DOCUMENTS

I have already had several documents that I have either sent or received which mistakenly had 2011 instead of 2012.  Start thinking about the year change now.  When you draft proposed agreements or pleadings, or notary signatures, leave the year blank, such as “201_” instead of anticipating the year the document will actually be signed.   [...]

PROTECT YOURSELF FROM HAVING LANGUAGE INTERPRETED AGAINST YOU WHEN YOU ARE THE DRAFTER

All attorneys know there are “rules of construction” in the interpretation of contracts and agreements.  These rules call for the Court to first see if the language is clear without further testimony.  If the language is not clear, the Court might hear testimony as to the intent of the parties.  If the intent is still [...]

IF IT AIN’T WRITTEN DOWN, IT WON’T HAPPEN

Divorce negotiation is a tricky thing.  It is much more complicated than a business negotiation because of the emotions involved.  It is also made difficult by the fact that few married people can negotiate at what we call “arms length.”  Each party has emotional leverage on the other.  Most often, one party has superior emotional [...]

THE POWER OF QUICKEN

Every divorce case is a financial planning negotiation and requires the development of detailed budget, asset and liability information.  Assets and liabilities are relatively easy to pin down with documents and appraisals.  Accurate budget information is another thing altogether. Clients are usually told to sit down with their checks and credit cards and average the [...]

Maintaining Confidentiality and Privacy

The question, how can you maintain confidentiality and financial privacy in your divorce may come to mind when you hear of high profile divorce cases where sensitive information was leaked to the public. Recently the Los Angeles Dodgers owners, Frank and Jamie McCourt have had their divorce widely publicized and it has become a national baseball [...]

SOME POSITIVE FACTS ABOUT MISSISSIPPI CHILD SUPPORT

I believe Mississippi is in the lead in the area of child support compared to most other jurisdictions.  Most jurisdictions end child support at 18 and do not make provisions for college.  In Mississippi, however, child support continues until 21, and support can include college if the parents can afford it.  Child support can end [...]

7 Fundamental Divorce Lessons we can learn from the BP Oil Spill

When going through a divorce, there are some valuable lessons we can learn from the way corporations and the government behave. What can they teach us and how can we maintain integrity and honor while going through our own personal crisis – Divorce.

Applauding Tiger Woods and Elin Woods

Too often, we hear of celebrity divorces that don’t go well. (Mel Gisbson, Paul McCartney etc.) This is not because of the reson for the divorce (such as infidelity or domestic violence) but more because of the way the celebrities handle the situation. Sometimes, both of them or their lawyers are in the media talking at each [...]

The Cash Business in Divorce

If you are getting a divorce and your spouse has a closely held business that receives a significant amount of revenues in cash, you should be concerned about cash taken out of the business that is not reported. What can be done to account for this missing income, especially if your spouse is less than [...]

How is property determined? Which is marital and which is separate?

Let us assume that by “marital property”, we deem property that is subject to division on a relationship breakdown. In Ontario family law, there is no presumption that parties who are not married but live together will get to share in the value of property held by the other on the breakdown of the relationship. [...]

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