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Unfairness in high-income divorces

| Sep 25, 2017 | Firm News, Property Division |

People in high-income marriages tend to be exceptionally educated – but that doesn’t always mean they are up to date on divorce law.

In our practice, we work with professionals of many kinds, including physicians, business executives, entrepreneurs and corporate leaders.  

But we have found that these busy people spent their careers focusing on what they are good at – but they aren’t as knowledgeable about case law relating to property division and child custody.

This is true even for many lawyers. They know their own practice areas backward and forwards, but family law? Not so much.

Spouses have questions, too

The gap can be even more significant for the spouses of successful people. Many had careers at one point but gave them up to support their partners or to manage the household and family.

In divorce law, it is understood that one side is not allowed to dominate or intimidate or threaten the other. Sometimes it is necessary to explain to clients that pattern is coming to an end now. They are free to stick up for themselves.

Prenuptial agreements are essential guarantors of understanding by both sides going into a marriage. Courts tend to respect these agreements. But they need not be seen as manacles preventing one side from getting their rightful share in a divorce.

A proper prenup

Top family lawyers are skilled at defending prenups, and also in showing why they may be set aside. This could be because the prenuptial agreement is flawed or vague in its structure, or because it was signed with one side feeling duress from the other.

Divorce is never fun. But with assertive, intelligent representation, you can be assured of a just dissolution.

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