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The book discusses existing legal regulations and rules in various states relating to the enforcement of premarital or postnuptial agreements regarding the parties' rights if they divorce.
Divorce, Separation and the Distribution of Property has, as its primary focus, the difference between those states that allow divorce courts to divide all property owned by either party at divorce and those that permit the division only of property accumulated during marriage by spousal effort. The book discusses existing rules in the various states relating to the enforcement of premarital or postnuptial agreements regarding the parties rights if they divorce, including the generally accepted requirements that such agreements be voluntarily signed after sufficient financial information has been exchanged. The book addresses in great detail how divorce courts deal with pension rights when an employee is married for a portion of his or her career, including the difference in treatment of defined benefit plans and defined contribution plans. Additional sections included in Divorce, Separation and the Distribution of Property include: (1) what happens if a person starts a business before marriage and devotes substantial effort to that business during marriage; (2) the extent to which the value of a business created during marriage should include a component for its goodwill; (3) treatment of a residence purchased before marriage by one spouse where marital funds are used during marriage to make loan payments or improvements to the home; (4) whether property changes from separate to marital as a result of taking title jointly or by joint use of the property during marriage; (5) how divorce courts handle various employment benefits other than pensions such as stock options, bonuses, vacation and sick leave, and severance benefits; (6) the impact on a divorce property settlement if a spouse obtains a professional degree or license during marriage; (7) the treatment of federal benefits at divorce, such as Social Security benefits or military retirement benefits; (8) how divorce courts deal with recoveries for personal injuries, workers compensation awards, disability payments, or payments from a trust; (9) the impact upon a divorce property settlement if a spouse devotes time during marriage to creation of a book, invention, or other novel property that may result after divorce in an intellectual property right such as a patent or copyright; and (10) principles of jurisdiction relevant to divorce and the division of the marital estate, including the recognition of foreign divorces.
Excerpt from Community Property Laws: With Translations of the Commentaries Thereon of Matienzo, Azevedo and Guttierez All debts contracted by husband and wife, being com mon, moreover let them pay as one and if before union in marriage either of them contracted a debt, let that one pay it and the other shall not be held to pay it from his estate. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
"... describes and analyzes three types of agreements: premarital agreements, postmarital agreements, and domestic partnership agreements. A premarital agreement is a contract between prospective spouses, including same-sex couples, made in contemplation of marriage. A postmarital agreement is a contract executed by parties to an ongoing marriage and not incident to a divorce or marital separation. A domestic partnership agreement, sometimes known as a cohabitation agreement, is a contract executed by a couple whose domestic arrangements may not be state-sanctioned. However, the term also includes such an agreement executed incident to a civil union or registered domestic partnership. Generally, all of these agreements are used to define the property and support rights of the parties upon termination of the marriage or other relationship by death or dissolution. Some parties also opt to include financial obligations during the marriage or other relationship. This Portfolio does not cover separation agreements that settle property rights, spousal and child support obligations, and child custody matters incident to a separation or divorce"--Portfolio description.
Divorce is the biggest single business deal most Texans will ever undertake. This comprehensive updated book is designed to help couples retain their assets when they divorce-from spouses who split household items to married business partners who divide large, privately held companies-and emerge from divorce financially intact no matter how difficult the economic landscape. The authors provide expertise in financial planning, estate planning, retirement issues, counseling, real estate, business valuation, taxes, insurance, bankruptcy and other areas affecting the financial future of divorcing Texans.What You Can Learn From This Book* How to organize a winning case * How to calculate child support * How to get the most out of your house * What to do with a family business * Who gets retirement accounts, stock options, personal property * When to choose a collaborative law divorce * How to use mediation * How to enforce the divorce decree
This valuable guide contains everything necessary to make the preparation of a divorce settlement agreement as painless as possible. Includes questionnaires, instructions and forms.