Before marriage, couples often shy away from discussions of money, and their reluctance is understandable: Finance and romance seem mutually exclusive.
In fact, however, bringing financial issues into the open can be healthy, and it can be done without a full-scale return to the days of arranged marriages and fiercely negotiated dowries. Today, a couple can enter into a prenuptial agreement before the wedding, and that agreement will govern a wide range of financial matters in the future.
What can you put into a Prenuptial Agreement?
A prenuptial agreement can cover a wide range of financial matters both during and after the marriage.
You can use a prenuptial agreement to specify whether some property individually obtained during the marriage will remain the property of one spouse and will not be treated as community property.
You can keep property, including property that might later be acquired by inheritance, in one spouses family.
You can limit one spouses liability for the debts of the other spouse.
You can define your respective financial responsibilities during the marriage, separating responsibility for household expenses, specifying how bank and credit accounts will be handled, and determining how taxes will be filed.
You can make provision for a spouses children from a previous marriage.
You can decide how property will be divided in the event of divorce and, in some jurisdictions, whether alimony will be part of the divorce settlement.
The precise answer to the question “What can you put into a prenup?” varies from state to state, but its fair to say that almost anything that is otherwise legal can be included, except for an agreement that defines the terms of support for the couples children.
How do you get a prenup?
The hallmarks of a valid, enforceable prenuptial agreement are disclosure and fairness. Unless both parties disclose all relevant details of their finances, the agreement is readily challenged, and it makes good sense to provide that information well in advance of the wedding day. The party receiving that information should have enough time to understand its implications. When information is provided at the last minute, a prenuptial agreement lawyer can argue that it was tantamount to receiving no information at all.
Demonstrating the requisite degree of fairness does not necessarily require that the agreement be fair by some particular standard. It does, however, necessitate the involvement of legal counsel. Each spouse must be provided with his or her own prenuptial agreement lawyer, someone with undivided loyalty to the individual, not to the parties as a couple.
The question “How do you get a prenup?” is only part of the ultimate question. In order to arrive at a prenuptial agreement that works, one that is valid and enforceable, both parties must put their cards on the table and each must have separate legal representation.
All property division pursuant to a divorce in Washington state starts from the simple premise that all assets accumulated during the marriage will be presumed to be “community property” and split 50/50. But in practice the 50/50 split often does not end up being the result because of such legally cognizable factors as: the earning power of the parties upon termination of the marriage is highly unequal, one party made the entire down-payment, the property came by inheritance, and quite a few others. Often time this arises in shorter marriages where the parties have acquired a piece of real-estate. So how does one answer this question?
The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset. Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution. If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names. (Thus we see some significance in whose name an item of property actually stands.)
This includes such assets as the appreciation of retirement plans that were purchased before the marriage. The value of such an asset must be analyzed to determine what portion grew or accumulated during the marriage and the value prior to the marriage.
Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing your case (and I say Judges because the Commissioners only deal with pre-trial issues, modifications, and contempt; they can’t divide the equity in your home or business). Carefully planning from the start of your case is necessary to develop the evidence needed in property characterization. It also gives the attorney time to become familiar with what both parties real financial futures might look like upon final dissolution of the partnership. This is especially important where one is not dealing with a trivial amount of assets, or if you feel your spouse has a significantly higher earning potential.
Division of real estate under Washington state divorce law can also be made not in accordance with whose name is on the title to the property. Whose name the property is titled in, does not settle the matter conclusively but may be considered by the judge among other factors as possible indicia that the parties wished to make it separate.
Brian Wrights USA Immigration Law Thailand service was really great for us when I was a several thousand miles away from my Thai Fiancee in Thailand and we needed our Fiancee Visa processed to be done. Brian Wright made everything completely manageable though the stumbling blocks of the fiancee visa process seemed almost insurmountable considering the distance and language barriers. Brian Wright and his staff took the time to make sure we understood the fiancee visa process and kept us from making any mistakes that would have cost us time. Brian Wright even took the time to help us after we returned to the United States and DHS screwed up our paperwork for the Change of Status.
My Thai Fiancee is happily in America I want to thank Brian Wright for the excellent fiance visa service he provided. Everything went very smoothly and he took care of everything exactly as Brian Wright promised.
Having lived and worked around the world, I knew upfront the process for getting a fiance visa was not going to be easy. There are many obstacles to overcome such as the following:
The many documents the Thai applicant must obtain.
The Medical and Police report.
The form in English that need to be completed by the Thai applicant.
Knowledge of the Embassy and the process and customs for a successful application.
The many documents that must be supplied by the petitioner.
Brian Wrights fiance visa service was excellent and he helped make the whole fiancee visa process very simple for both of us. My Fiancee commented many times that she fell very comfortable with the way he was handling the fiance visa application. This helped her to relax and be less anxious through the fiancee visa process.
USA Immigration Law Thailand firms sole area of practice is fiancee visa, marriage visa & CR-1 marriage visa from Thailand to the United States. USA Immigration Law Thailand does not process other types of visas to America, nor does process visas to other countries.
The only additional services USA Immigration Law Thailand provides support the fiancee visa and marriage visa application process.
As a result of USA Immigration Law Thailand firms sole focus on processing fiancee visa and marriage visa from Thailand to the USA, USA Immigration Law Thailand have processed more visas to the USA from Thailand than all other Thailand based and US based immigration attorneys and visa service companies, combined. This has earned USA Immigration Law Thailand firm the distinction of being the most experienced and knowledgeable in this field.
USA Immigration Law Thailand firm, which is based in Thailand and America, is headquartered in Thailand as the primary focus of the visa application process is with your Thai fiance or Thai wife.
I (Anthony S., Pennsylvania, USA) would surely recommend USA Immigration Law Thailand by Brian Wright to anyone trying to get a Visa to the United States from Thailand for Thai Fiance.
Again, thank you for your excellent fiancee visa service.
The life is full of hassles and you cannot avoid ups and downs. The most common thing we find in all the people across the world is they are, in one or the other way, facing problems. Again, the problems come with many faces but the one that can ruin up your family is the case of divorce. When your past sweet memories of wedding and marital life do not work and you feel enough of it, it is the time to seek some expert divorce attorneys like Austin divorce lawyers.
Austin family law attorneys are expert in tackling all family issues including the divorce. Austin family lawyers protect you and your family by working through the process of case of divorce and they guide you legally. The Milner Law Firms Austin family attorneys are familiar with divorce laws and an help you advising on how local state government law can be helpful to get the best solution for your case.
Whether you want to file for divorce or it is a matter of divorce and finance, Austin divorce lawyer is always there to help you out. Austin family attorney services also include child support in the matter of child custody. They also make you aware of divorce law in your state and guide you accordingly. By hiring Austin divorce attorneys, you are updated with latest divorce law news and they can also guide you on how to tackle such cases legally.
When it is a matter of divorce court case, you should never take it lightly. It requires a special skill set that Austin divorce lawyers have. They are professional and experienced in tackling such family issues. The professional attorneys are also good at convincing which that will try to sort out the problem in best possible way to avoid further legal procedure. They offer highly skill expert mediation and arbitration service. However, if nothing works, they diplomatically tackle the situation!
The Milner Law Firm is in ethical practice and that is what makes them master in tackling divorce cases. Every customer is treated with all respect and is personally assisted. They have the passion to find a resolution in divorce case that would protect the children, maximize the financial security and last but not the least, promote a positive future.
Hiring expert divorce lawyer may not bring all the sweet memories back but then they certainly help you reducing the pain that has been given by your partner.
The collaborative process, started by Minneapolis family lawyer Stuart Webb in 1990, provides alternative dispute resolution using a team of professionals working jointly for the couple, rather than in adversarial roles. It is just now hitting the radar screen in Illinois, where practitioners estimate that about 300 divorces have been handled this way in the last several years. The state averages about 35,000 divorces a year, records show.
Both parties agree not to enter litigation. Couples often hire attorneys trained in collaborative law and bring in shared accountants, financial planners, business valuation experts, child psychologists and even life coaches to help the couple. Unlike impartial mediators, the attorneys can advise their clients as advocates.
Proponents say it dramatically cuts the tension–and the costs–involved in traditional contested divorces.
There are skeptics, however. Among the critics are those who say the peacefulness of the process encourages divorce and attorneys who say the best representation for any divorcing spouse is a vigorous offense.
Participants in a collaborative divorce sign documents promising to disclose all assets, and their attorneys agree to walk away from the case if the parties end up going to trial.
An average contested divorce can run about $30,000, but it’s not uncommon for some to reach six figures, attorneys say.
Collaborative costs vary widely, depending on the number of professionals involved and the number of meetings it takes for spouses to agree on a settlement. Collaborative attorneys estimate that most of these cases settle for half to a third of what their bill would have been with a court battle. Settlements must be reviewed and approved by a judge.
Costs ranged from $5,000 to $21,000, representing as high as 15 percent of annual household income.
Even friendly divorces come with costs that reach beyond the courtroom, however, and women especially tend to feel the strain. Divorce Magazine reported the drop in standard of living for women after divorce was 45 percent in 2000. About 20 percent of people filing personal bankruptcy had been recently divorced, according to Harvard University law professor Elizabeth Warren, who has studied families in dire financial straits since 1986 and who is considered one of the leading national authorities on bankruptcies.
Your staff: In addition to consulting attorneys, divorcing couples are turning to specialized financial planners to run living cost estimates, decide the value of family businesses and prepare investment return projections on proposed settlements.
Typically these are accountants, certified financial planners or other financial advisers who offer a specialized divorce practice. Someone who has a Certified Divorce Financial Analyst designation has also taken a self-study course and completed four exams related to divorce finances, but be sure to inquire what other credentials he or she has. Training is done through the Institute for Divorce Financial Analysts in Southfield, Mich. (800-875-1760).
If you’ll need help valuing assets or a business, or suspect your future ex may be hiding money you also may need to contact a forensic accountant.
If you are the primary breadwinner but are considering a lower-paying job as you go through the divorce transition years, tread carefully. Some judges will require you to maintain your family’s previous standard of living. A judge may rule you’re more than capable of a high earning power and decide to award less alimony.
Your portfolio: If you think you’ll have to draw down some retirement money to cover expenses in the first few years of divorce, do it sooner rather than later, this way you can take a distribution at the time of divorce without a penalty,
Your tax return: Be sure to consider the tax consequences of your divorce settlement. The more money a primary breadwinner doles out as alimony instead of child support, the more he or she can deduct from income, experts say. The spouse receiving the alimony will have to pay income taxes on the money, but usually it will be at a lower tax bracket. Child support, on the other hand, isn’t deductible from income.
A version of this statement is often passed down within families. It comes from a variety of sources. One is Shakespeare’s “The Merchant of Venice”: “The Truth will Out.” In Ephesians 5:9 of The Bible, a modern translation fits the statement: “The light within you produces what is good, right, and true.” Essentially, it is the little voice in our heart that tells us right from wrong. The world is on fire when enough people do not listen to that little voice. Yet, time after time, even when the world is on fire, enough people have listened, combined, and acted for the collective good. Another quote: “When bad men combine, the good must associate; else they will fall one by one, an un-pitied sacrifice in a contemptible struggle.” Give Edmund Burke, an Irish political philosopher, credit for saying something that we all know to be true.
Tests of our Character
It tends to happen in small groups. Someone does something out of line. What do the others in the small group do? Usually, they tolerate the act. Then, the antagonist believes that his/her activity has borne fruit. It happens again. Most likely, the group will take note, but will not get involved. A psychologist among them would have an opportunity to conduct a case study on what has become a group dynamic. For everyone else in the group, this could be the opening volley of misery. This is the tyrant in the office, the bully on the school ground,the rule breaker and mischief-maker. What happens if someone in the office realizes, after repeated disruptions, that he/she must stand up to the tyrant? What indeed? If one good person takes a stand, the rest of the group still must do something. Usually, they do nothing. “Let Human Resources handle it.” “Discipline is the teacher’s job.” These moments are a test of character for everyone in the small group. If someone stands up for right, and stands alone, the stronger personality will win. Quite often, the stronger personality belongs to the tyrant. An emboldened tyrant will dominate, much as a sheep-herding dog dominates sheep that outnumber the dog, perhaps 200:1.
People predominately live their lives as members of a human society. In some parts of the world, those societies are still called tribes. In industrialized countries, citizens often form around villages, towns, cities. Folks identify themselves to be part of a district, a state, a region and a country. Besides geography, people form around their familial ties, their religion, their sport team, their school, their earned educational designation (society of engineers, local labor union). In all of these examples of shared human bonds, the rule of law is necessary. Someone must lead. He/’she is expected to promote the welfare of the society through governance. Tests of our character are found here too. The same people who will not listen to their inner voice, will not stand up for righteousness, will not support the one who does, also will not likely contribute to the society. They will not lead or volunteer to support. They will not vote and will not communicate with the one who was elected. When trouble comes,they expect the police to handle it. When their child acts out in public, they will not correct the child. Their country might have been born from sacrifice. Others, before them, may have given their lives to guarantee the freedoms that all of the citizens enjoy. Yet, in time of need, during crisis, and even during the safe times when voting in the best leader is so important, so many will shirk their obligation to their ancestors and to the society’s needs today. They will not listen to their inner voice. “Let someone else vote.” “Someone should say something to that lady who lets her dog C*** on their lawn.” “I don’t have time to answer that senator who asked me how he is doing in Congress.” “Those poor starving people in the earthquake zone;someone should organize food for them.” “What is the world coming to? Those people have just taken another country. Don’t they realize that their leader is a tyrant? I hope we stay out of it.”
The rule of law only works when society enforces the rule. Many will argue that there is too much corruption and crime in the world, too many different points of view to gain consensus on what is right, vast distances in geography, and greater personal risks today make it harder to take a principled stand. Yet,no argument has the strength to withstand public scrutiny or self-examination. When we do not take a stand, we stand for nothing. Edmund Burke is not remembered for being correct about the stands that he took. He is admired for standing up. Any of us who have done that in our lives, look back on the moment without the stinging rebuke of regret. The ones who stand alone against the tyrant and bully stand tall, even if they lose. It is the ones who will not stand with him/her, those who let themselves fail the test of character, who cast their eyes down to their shoes in the presence of the one who was sacrificed. But, take heart. Some of the most admired, good people of societies were slackers for much of their early lives. One day,they looked up and stood up for right. That became their habit. The truth will stand when the world is on fire. Truth is revealed by people who will not tolerate a wrong. When they stand, they are the rock. Those who stand with them build a stone wall about that rock. Never are there too many of them to extinguish a moral fire. There can be too few. Stand up!
With information governance recognised as an essential part of managing an efficient and high quality business, it is vital that organisations and individuals understand the importance of the concept and understand the way in which information is handled and transferred into and out of their organisation. Vital to understanding your own information management processes is the act of data mapping. This is now a key element for NHS bodies looking to demonstrate compliance against the information governance (IG) Toolkit standards.
Data mapping is an effective way to chart the flow of information into and out of an organisation and subsequently identify any high risk areas, allowing for the development of guidance to minimise these risks. The IG toolkit suggests that there are four key elements that need to be considered when mapping data;
1. Data Type
According to the Information Governance Toolkit guidelines, the types of data that should be mapped include such items as:
– Appointment letters – Birth notifications – Adoption records – Employment records – Personnel records – Payslips – Client surveys
This list is by no means exhaustive and as you start to think about the data that moves into and out of your organisation, you will appreciate that there is a great deal of information transferred.
There is also specific guidance available on the types of data that do not need to be mapped, an exclusion list, this includes items such as:
– Telephone conversations – Face to face discussions – Video conferencing
2. Data Format
The next thing to consider is the format that data is stored and transferred in; this includes both digital and hard copy data such as letters, x-rays, MP3 files, CDs, emails
3. Transfer methods
Again, the way in which data is transferred can include anything from courier delivery, faxes and internal documents being carried by staff to another department.
When considering locations you need to think exactly where data is coming from and where it is going to, both internally and externally. For example: Schools, patients’ homes, other NHS organisations or departments, prison services etc.
Once you have considered all of the above points the next step is to map all of the different combinations of the 4 elements so that ultimately you are able to produce a clear and easy to understand map of exactly what, how and where information is transferred.
But the task doesn’t stop there, the next step is to analyse this map to identify any high risk areas where information security procedures could potentially be breached, you should then go on to produce guidance to minimise these risks to ensure that following your data mapping exercise your systems and mechanisms for data transfer are secure, efficient and appropriate.
The IG toolkit guidance suggests that within smaller organisations, all of the above could be carried out by one individual, who knows all of the processes involved in transferring data. However in larger organisations it is advised that a number of individuals contribute to this exercise to ensure that knowledge around specific department practices and procedures is shared, to enable a full understanding of the data transfer processes throughout the organisation.
The New York centre for divorce and mediation offers a range of services about family relationships. Each of it plays a vital role giving more space to lead a complete happy family. Their service includes couples therapy, divorce and recovery, psychotherapy, psychoanalysis, collaborative divorce and mediation services. These services range with experienced professionals from the centre of divorce and recovery and the professional divorce and mediators in New York.
The peaceful forms of life are seen with the help of NYC divorce. It brings the complete solution to family relationships, thy helps to overcome the stress, strain and pain passing these days. Their situations are mastered by professionals with thorough analysis and starting with counseling. To get the solution for the problems, counseling in New York centre helps the couples to decide their commitments and responsibilities.
Individuals passing through a complex stage of life with destructive behavioral patterns, imbalance state in work and relationship with repeated failures are guided with the expert therapists in New York City. They can overcome such conditions with two experts and should have a consultation with psychoanalytic psychotherapists.
NYC therapists, psychoanalysts and psychotherapists play the key role with analyzing the persons strange conditions and problems under certain sessions according to their impact. Psychoanalysts connect the person with three to four sessions or sometimes five sessions a week, thoroughly analyzing their background and feelings. While connecting often helps the person to express out freely and could come out of their problem shell. Psychoanalysis is more helpful to fight the persons negative feelings and emotions. The sessions are proceeded with psychoanalytic psychotherapists consultation, where it helps the individual to express out and know their right way of life.
Marriage counseling in NYC helps the person to know oneself. It is very much important as it helps to avoid negative marriage complications like divorce or misunderstandings. With couples getting started with marriage counseling will have a very good understanding to life on a broad spectrum. Added to it, they are able to gain the best relationship with better understanding and good level of adjustments. Adjustment and patience is widely necessary, which they are advised to master in every phase of life.
NYC psychotherapy is the different approach to the people is the first step of consultation with the psychotherapists. After a consultation the patient is proceeded with further reference where they should offer all the necessary details including the insurance coverage. Soon, they are guided to solution on a unique way.
Ben Franklin once declared, “A penny saved is a penny earned.” Yet, equally enlightening are his thoughts on expenses: “Beware of little expenses. A small leak will sink a great ship.”
And there are plenty of “leaks” that can scuttle an already-tight budget. For instance, a spouse idled by the sour economy, a fender bender with the family car, or an unexpected hospitalization. Thats why financial advisors recommend that you have a rainy-day fundenough liquid assets to cover three to six months worth of emergency living expenses. In case of financial emergency, access to additional money will save you from relying on credit cards or loans that simply compound the problem.
When starting an emergency fund, here are a few tips to abide by:
1.Determine what amount is best for you. Most experts agree that you should keep between three and six months worth of your living expenses set aside in your emergency fund. Your specific situation whether you have children, carry substantial debt and types of insurance coverage you have will determine what amount is best for you. Examine your situation your income and your needs to decide how much you should save.
2.Start small. Starting an emergency fund can be as simple as depositing $100 into your high-interest savings account. But before you begin, be sure that youre meeting your basic living expenses. And as you build your emergency fund, be sure youre also reducing your spending and avoiding debt.
3.Stick to a schedule. Get into the habit of making regular deposits. Whether it is weekly, bi-weekly or monthly, create a schedule and stick to it. Once you make saving automatic, you wont even have to think about it.
4.Consider an online savings account. In many cases, an “online” savings account may make more sense than an account at a traditional, bricks-and-mortar bank. Thats because many traditional banks are not currently offering a savings option with interest rates high enough to meaningfully beat inflation. In addition, an online savings account is a reliable way to manage your money.
People approaching Washington divorces are often surprised by the deficiency of clear rules. People ask their lawyers, ” How much alimony do I have to pay?” ”How much child support will I owe?” How long I will have to pay?” How much of my pension does she get?” With very few exceptions, Washington Divorce Online has found that the law itself cannot give you very precise answers to these questions.
Either you and your spouse will negotiate a settlement between yourselves or a judge will determine the arrangements for you. In Washington State divorce cases, there are now formal guidelines that the court must follow in awarding child support. However, on most issues, judges are unfettered to implement their own discretion after hearing evidence, and this discretion extends even to child support guidelines.
You take your chances when you and your spouse go to trial. It can be a roll of the dice. Most judges do their best to be fair and professional, but, like the rest of us, judges are susceptible to their own prejudices and biases. If you don’t like the judge’s decisions you will either learn to live with them or you can appeal to a higher court, but few people ever utilize the appeal process. Appeals are difficult to win because the burden is on the person making the appeal to prove to the higher court that the trial judge misinterpreted the law or abused the discretion permitted the judge by law. Even if you are one of the few who wins on appeal, all you get most of the time is a new trial. The only way to be sure that your Washington divorce meets your needs is for you and your spouse to negotiate the resolution yourselves.
When you negotiate your agreement, you negotiate a contract voluntarily. You sign it voluntarily. You cannot decide that neither of you will support your children, and you cannot subject your children to danger or neglect. But, within very broad limits you are free to decide together, how you will resolve the issues at hand.
Settlement arrangements are negotiated in the shadow of the law. That means, you negotiate with an eye on what you think would happen if you were to go to trial and let the judge decide. Experienced lawyers often think they can predict what would happen at trial. Washington State Divorce lawyers tend to develop a consensus or sense of industry standards about the results of trials. They may agree that the judges “always give the wife half the house” or ” a third of the husbands pension.” They might agree that in a particular case $200.00 a week for child support would be unlikely. Lawyers who have appeared many times before the same judge may acquire useful generalizations. Much of this may be true indeed, but the truth is that you cannot depend on it. You may get a particular judge, or you may get that judge on a bad day, or your lawyer may be wrong. Although most lawyers will sovereignly foretell the outcome in court, few will guarantee you the conclusion. You need to treat such predictions with healthy ske pticism.