As people await the much anticipated white smoke to appear for the selection of the new Pope, another anticipated event comes around this time of year. Wedding season is upon us, and although most couples feel a conclave of...more
For restaurant owners, divorce can pose unique challenges—especially when it comes to dividing business assets and profits. Unlike other marital assets, a restaurant is often a personal passion and a critical source of...more
Dividing assets in a divorce is one of the most complex aspects of an already emotionally, physically, and financially challenging process. Without a prenuptial agreement or a postnuptial agreement, determining who gets what...more
Dividing assets in a divorce is often a complicated and emotional process, and when inheritance is involved, the stakes can be even higher. In South Carolina, inherited property is generally considered separate from marital...more
One's ownership in a closely held business (often a family business) may be affected by a separation or divorce. In many situations, the business will be joined as a party in an equitable distribution lawsuit. " One's...more
In July 2020 we wrote about a precedential decision called Lewis v. Lewis, 234 A.2d 707, 711 (Pa.Super.) where what might be described a “fairness in execution” doctrine appeared to be substituted for traditional notions of...more
Contrary to popular belief, truly effective estate planning entails all parts of your life, not just the end of it. The process requires reflection on deeply held beliefs about what is important to you, your expectations for...more
Prior to the walk down the aisle for the happiest day of their lives – to that point – many hopeless romantics decide (or are required by their parents) to get a prenuptial agreement which set forth many of their rights and...more
A new reported trial court decision, S.N. v. C.R.was released today, confirming that the remedy of partition is still available when non-married parties purchase a home together and there is evidence that the purchase is a...more
Most of our cases dealing with enforceability of prenuptial agreements stem from marriages that end by divorce and involve one party seeking to enforce the agreement and the other party seeking to invalidate the same...more
The last several weeks have brought us two decisions in which issues of family law intersected with T&E issues. First, the decision in Heystek v. Duncan, Case No. 15-P-1201, 2016 Mass. App. Unpub. LEXIS 1113 (Nov. 21,...more