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Divorce with a Prenup

November 30th, 2017 9:12 pm

Divorce is painful of course but what can be even more painful is the divorce settlement. Considering that you and your marriage partner have been together for sometimes, settling the affairs should be easy but unfortunately, this does not happen. In many cases, due to the bitterness created by the events that had culminated in a divorce, the couples have no love left between them. Some may even adopt a vindictive attitude, using the divorce settlement process as an opportunity to get even with their partners. Divorce settlement can become complicated if you signed a prenup.

As you may be aware, prenup is a prenuptial agreement signed by the marriage partners before the marriage. This agreement spells out the terms of the settlement in the event of a divorce. While it is not always fun to talk about divorce, prenuptial agreements are often a very important part of a relationship. This is especially true if one or both of you own a large amount of property, money, or other investments. It is a precautionary measure that will facilitate a quick settlement without going through an elaborate legal process. It may also be equitable in the sense that a mutual agreement is generally likely to be much more fair than a settlement imposed by one partner under force and accepted by the other partner under coercion or even a court judgment, which, while based on legal aspects, may turn out to be favorable to one partner, especially when the other partner is unsuspecting and signs the agreement without understanding it fully. In the pre-marital period when trust runs high and there is an abundance of goodwill, it will not be difficult for a scheming person to take their spouse-to- be for a ride.

A Prenup can impact your divorce settlement severely because the prenup deals with distribution of assets at the time of divorce. If you have agreed for certain terms, then you cannot contest them at the time of divorce. However, there are a few things that can come to your help. A prenup usually has a sunset clause. This clause has the effect of nullifying the prenuptial agreement if the marriage lasts for a specified number of years. The sunset clause may also terminate the prenup if a child is born. So look at the terms of the sunset clause to see whether you can get any relief.

What if your prenup doesn’t have a sunset clause? Well, if the prenup fails to include a sunset clause, it will not be valid. The law thus provides some safeguards against the prenup being used unreasonably under certain circumstances. A prenup can also be nullified by entering into a post-nuptial agreement after the marriage.

Thus, though prenup can affect the divorce settlement, there are also gray areas you can take advantage of, in order to save your interests. In cases like this, it is advisable to seek professional advice from divorce lawyers. They are experienced in handling situations like this and understand all the detail so they can surely help you in the situation.

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9 Things To Look For When Hiring A Personal Injury Lawyer

October 2nd, 2017 10:24 pm

personal injury lawyer

Have you or someone you know been in an accident recently? If you have, it’s time you take action and get the justice you deserve. That’s where personal injury lawyers enter the picture. An experienced lawyer with expertise in personal injury claims can help you get fair compensation for the serious pain and trauma you’ve been put through.

Why Look for a Personal Injury Lawyer

When you get into an accident, you don’t just go through serious physical trauma. You also experience stress and emotional distress. To top it all off, you have a pile of medical bills to sort out and you can’t even get back to work yet because of the injury. It is unfair what you have to go through.

The good news is that a personal injury lawyer can help you sort out some of these issues. Experienced lawyers in personal injury cases will expertly evaluate the damage caused by the accident. They will then collect proof, which will be presented to the court to stake your claim. In short, a personal injury lawyer will set out to sort out your financial troubles, which will alleviate other issues as well.

9 Questions to Ask When Hiring a Personal Injury Lawyer

But before you hire a personal injury lawyer, you need to make sure you’re choosing the right one. A few lawyers may be keen to represent you for their sole benefit. Ask the following questions so you can avoid these types of lawyers:

Do they have expertise in the field of personal injury law?
How many other clients have they represented in personal injury cases?
What do previous clients say about them?
What kind of reviews are they getting on review websites?
What kind of credentials do they have?
Does the lawyer seem gimmicky with plenty of ads and lavish offices?
Will you be able to afford their services?
How serious are they about the case?
​How many cases have they won and how does that compare with the number of cases they’ve taken up?

To learn more about how to hire the best personal injury lawyer, check out the infographic on 9 Things to Look for When Hiring a Personal Injury Lawyer.