Divorce has many costs, not the least of which are the counsel fees incurred by the parties, a cost which often weighs heavily on the litigant’s mind. As such, clients often ask whether their spouse could be directed to contribute to their legal fees or, conversely, if it’s the spouse with the greater financial resources, whether they can be directed to pay their spouses legal fees. The answer is not always so cut and dry.
In my last article, I listed several reasons newlywed couples may enter into a prenuptial agreement. We ended that article asking, “So what should you do to “bulletproof” your prenup?” Some may find their betrothed may not view the idea of a prenuptial agreement in such a favorable light. So, for starters, when broaching the issue, remember that a little finesse goes a long way.
No longer reserved for the rich, prenuptial agreements are becoming common place as long-standing taboos fall by the wayside. Increasingly, the happily engaged and newly wed understand the importance of having a road map should their marriage dissolve, based not necessarily on what the happy couple has at the time of the marriage, but what they may acquire during the marriage.
The settlement conference presents an important opportunity for you and your spouse to settle your differences, financial and otherwise, without the need to set foot in a courtroom. The following are 7 tips for a successful settlement conference:
It’s a cliché, admittedly. But the old adage that “an ounce of prevention is worth a pound of cure” rings particularly true when it comes to divorce. Even if an individual has the best of intentions, with emotions running high, one misstep, and what otherwise could have been a very simple matter, spirals out of control. It is for this very reason that our firm views the initial consultation as an essential part of the process.