Hi There,
I was reading the other blogs listed on the side mine and there was this very interesting post on the New Hampshire Family Law Blog. It goes to show how complex the question of gay marriage and divorce really is.
Then my partner, Peter Zupcofska, was interviewed and did a great job setting out the legal differences and how to potentially handle them.
Best,
Nancy
Hi there,
I keep getting sidetracked from the 10 Steps In The Divorce Process by breaking news stories and I have to admit this one (Mel Gibson's divorce) is a bit tacky!
Admittedly when Mel Gibson married he could have had no idea as to how phenomenally successful he was going to be. He also, given his very public religious convictions, probably did not anticipate a divorce, but still...
Most states, including Massachusetts, recognize the validity of prenuptial agreements. Mr Gibson hails from Australia, so perhaps at the time he married it was not an option; but here and now if there are, or may be, considerable assets, a prenup is a good thing. Prenups are important to consider if you or your spouse is marrying for the second time and there are children of the first marriage; if there is an inheritance expected in the future; if one party or the other has an interest in a family business. Prenups cannot decide anything regarding children but pretty much everything else can be dealt with.
I do have a warning, or perhaps caution is a better word, prenups do require partners to talk about finances but the process can be extremely fraught. Here you are planning a wedding AND deciding who gets the wedding presents when you divorce. I am not personally in favor of prenups for ordinary people, like me, for that reason.
However, if you are planning to be Mel Gibson; or you have wealthy parents, children from a prior marriage, or considerable wealth already and you are thinking of getting married...consider a prenup. In Massachusetts, with both sides having separate, competent counsel, absent fraud and with full disclosure, they are pretty much bullet proof.
Best,
Nancy
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