In a time when individuals tend to be older when they marry or are entering into a second or third marriage, practical elements are often as important as the emotional aspects of the relationship. Where that is the case, a premarital or postnuptial agreement can be valuable.The specific value that these types of legal documents offer a couple is clarity of communication. They clarify expectations and allow the parties to avoid costly litigation in case of marital strife down the road. Not only do they offer the parties the opportunity to acknowledge what each is bringing to the relationship, they allow each side to affirm what will be remain separately held and what might be considered marital property. Of course, they can also spell out how distribution of complex assets should be handled in the event the couple decides to go separate ways. This can be particularly important for parents who want to protect potential inheritances for children or … [Read more...]
Archives for October 2014
Same-sex marriage now legal in North Carolina. So is divorce
Regardless of your position on the issue of whether same-sex individuals should marry each other, it is now a matter of law in North Carolina that such marriages are legal.That happened as the result of a federal judge's ruling in Asheville late last week. As The News and Observer reported, the judge declared that the state's constitutional ban on such unions and state laws prohibiting the marriages are "unconstitutional as a matter of law."It is possible that the ruling could be appealed, but considering that the U.S. Supreme Court refused to hear an appeal of a similar ruling by the 4th Circuit Court concerning Virginia law, it doesn't seem likely to happen. The 4th Circuit is also responsible for North Carolina. In the wake of the decision, a number of counties across the state have begun issuing marriage licenses and same-sex couples have begun lining up to have their relationships legally recognized. And as that happens, some legal observers note that the decision also means that … [Read more...]
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