Most of you have heard of a prenuptial agreement since they are frequently discussed in the media, especially during reports about divorces of the rich and famous.  Although not as well-known, postnuptial (also known as marital or post-marital) agreements also exist.  A postnuptial agreement is entered into by a married couple to set forth the details of their settlement in the event of a divorce, but are drafted before the time of divorce, sometimes in an attempt to actually improve a marriage. A marital agreement is different from a separation agreement (also sometimes referred to as a divorce agreement) that is drafted for the purpose of getting a couple divorced. Thus, a post-nup or (post)marital agreement serves the same general purposes of a premarital agreement, but is signed after uttering “I do”  instead of before.   Got it?

Until  last week’s decision by the Massachusetts Supreme Judicial Court, the status and enforceability of such agreements in Massachusetts was murky.  Now, we have a clear decision on the acceptability and standards of such agreements here in MA.

The SJC decided in the case of Kenneth S. Ansin vs. Cheryl A. Craven-Ansin that such agreements do not violate public policy and may be enforced.  The Court went on to say, similar to many other states, that before a marital agreement is sanctioned, careful scrutiny by the judge is necessary in a number of areas, including:

QUESTIONS FOR THE COURT TO CONSIDER

1. Has each party had the opportunity to obtain their own legal counsel of their own choosing?
2. Was fraud or coercion present in obtaining the agreement?
3. Were all assets fully disclosed by both parties before the agreement was signed?
4. Did each spouse knowingly and explicitly agree in writing to waive the right to have the court make an equitable division of assets and all marital rights in the evnt of divorce?
5. Were the terms of the agreement fair and reasonable at the time the agreement was entered into and also fair and reasonable at the time of the divorce?

If you want to read more about the case, click here.

This decision will be helpful to both couples and Massachusetts divorce lawyers when it comes to drafting and negotiating post-marital agreements.

Massachusetts Marital Agreement Case Decided is a post from: The Divorce Collaborative

I am pleased to announce that The Divorce Collaborative LLC will be relocating from our current location in Medway, MA, to 9 Summer Street, Suite 301, Franklin Center Commons, Franklin, MA, effective June 1, 2010.

Franklin Center Commons sits just off Rt. 140 in downtown Franklin and is close to the MBTA commuter rail station, shops and restaurants. There is abundant parking towards the rear of the building in the lot near the second Franklin Center Commons building.

Many people have asked “Why the move?”

Our existing location is a shared building, and scheduling conference room time has become a challenge.  Additionally, having our own location provides enhanced privacy and comfort for our clients.  Franklin Center Commons is a relatively new building, and the modern data/telecom wiring will better serve the needs of the firm.

Also, I like the Mexican restaurant down the street.

What else will be changing?

Our fax number and email addresses will stay the same.   We will have a new main telephone number, but we won’t know what it is for another week or so due to some weird Comcast thing.  As soon as we know the new number, it will be available on the website.   Our current number will be set to forward to the new number.

The Divorce Collaborative LLC works closely with clients facing divorce or post-divorce issues who desire to resolve conflict in a less adversarial and more respectful manner.  The firm focuses on divorce mediation and collaborative divorce, but will represent clients in court when necessary.

The new home of The Divorce Collaborative LLC; 9 Summer Street, Suite 301 in downtown Franklin, MA

The Divorce Collaborative LLC Announces Move to Franklin, MA is a post from: The Divorce Collaborative

I have yet to meet a client who is excited about paying lots of money for their Massachusetts divorce.  If you are one, please call me right away!

As consumers, we like to know how much something will cost.  It is difficult to plan otherwise.  Let’s compare divorce legal fees to another relatively unpleasant task – car shopping:

Chuck, a Car Shopper:   “So, how much will this car cost me?”

Salesperson:  ”Well, tough to say.  Could be $30,000.00.  But it could be a lot more.”

Chuck: “Why is that?”

Salesperson:  ”Well, there are a lot of variables.  I am not sure how much time it will take for me to talk with you, answer your questions,  arrange your financing, get your new registration, prep the car, blah, blah, blah.”

Chuck: “I just want to know how much it is going to cost.”

Salesperson:  ’We can get you into the car for $30,000;  then if we need more money from you we will ask you for it then.”

It is safe to say that the above scenario would not sit well with most of us.

So, why do people pay for their Massachusetts divorce in the same manner as in the example above?

That is the way it has always been done, some would say.

True – but that doesn’t mean it is the best idea.

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Fixed fees for legal services are not a new concept, yet they have been slow to catch on in most practice areas, including divorce, and frankly are not welcomed by many lawyers.

The Divorce Collaborative LLC in Medway, MA and Attleboro, MA provides options for clients when selecting the best process for their Massachusetts divorce, and a variety of fee arrangements.  For example, we provide couples a comprehensive divorce mediation program with a fixed fee as an option to traditional hourly billing. This option is quite popular with couples who understand the benefits of divorce mediation and the peace of mind a one-time, set fee provides. Our flat fee mediation program is unique and provides a high-level of service and features, including participation by an experienced divorce coach and/or certified divorce financial planner, detailed financial reports such as post-divorce, after-tax cash flow analysis, in addition to the not so helpful court financial form, and one on one guidance and support from an experienced mediator (who is also a lawyer) all along the way – for a reasonable fee of $6,000.00.

That is about what one person might pay (in the Medway and Medfield, MA areas for example)  a divorce attorney for a retainer in a court-based or collaborative divorce case – and again that is just the retainer and not the total expense.   While the Comprehensive Mediation Program is popular with many of our clients, divorce mediation itself may not be for everyone.

In an effort to provide additional choices and peace of mind to couples facing divorce,  we are pleased to now extend the flat fee option to those considering a Massachusetts Collaborative Divorce in Norfolk, Bristol, Middlesex, or Worcester counties. If you live in another county, additional travel charges may apply.

For more information on the collaborative divorce process, please see the posts and information on this site, or visit the International Association of Collaborative Professionals website.

For more details on our fixed fee collaborative divorce option, please call us at (508) 533-3300, or send an email to steve@divorcecollaborative.com.  The fee for the flat fee collaborative divorce is $7,500.00.

Reduce Your Massachusetts Divorce Legal Fees is a post from: The Divorce Collaborative

Well, first I would like to report that I have not been living in District 9 with the alien prawns or anything like that.  It has been quite sometime since my last post, and I apologize to my readers – both of them (just kidding).  Although not much blogging has been going on, plenty of other good stuff has been, including:

• The Divorce Collaborative LLC expanded in January, and has moved to the top floor of the Law & Financial Center at 77 Main St. in Medway, MA.  This is the same location we have been in, we just moved upstairs and have much more space.  Also, has anyone seen my stapler?
• I am pleased to report that Attorney Carolyn Blake Dibbert has joined the firm as an associate.  Carolyn has experience as a family mediator and substantial litigation experience in state and federal courts.  Carolyn graduated from St. Louis University School of Law and lives in Norwood, MA with her husband.
• Also joining the firm as a paralegal is Kristen L. Romero.  Kristen is a Magna Cum Laude graduate of the Isenberg School of Business Management at UMass Amherst, and completed the Northeastern University paralegal program.  Kristen will be working closely with Carolyn and me, and lending her expertise to other important projects at TDC.  Kristen lives in Berkley, MA.  I have no idea where that even is, but I am sure it is nice.

Soon, the complete bios and pictures will be on the site, so keep an eye out for more info on the recent personnel additions.

• With the expansion, TDC has continued to invest in technology and is proud to be a Mac using law firm.  We have added a new Mac server, and I will be busy the next couple of weeks reprogramming Kristen and Carolyn from Windows to the joys of Macs.  They will be assimilated.  Resistance is futile.
• Watch out for our soon to be completely revamped Facebook Page.  Please consider becoming a fan.
• Since moving to Medway, MA we have been meeting more clients from Milford, MA; Bellingham, MA;  Medfield, MA; and Holliston, MA. We are happy to be able to serve clients from these and other communities throughout Norfolk, Middlesex, Worcester, and Bristol Counties.

Thanks for your continued readership of the blog, posts should be much more regular now that the move is completed.  Also, thanks so much to our clients who have been understanding since things have been a little hectic with the expansion.  With the new staff additions, TDC shall continue to provide the top-flight client service that is a cornerstone of the firm.  Now if I could just find my stapler.

Where’s Steve-O? by Steve McDonough, Esq. is a post from: The Divorce Collaborative