Many couples contemplate a Post Nuptial Agreement when they have accumulated a significant amount of property or money during the marriage, or to solidify the characterization of separate property or separate property income. This type of Agreement enables an already married couple to protect assets in case of divorce or death. Note that this is an “agreement” and both parties must agree to the terms. Before drafting, the couple should have an idea of what terms will be addressed, such as real property and retirement benefits. The couple should have an open and honest discussion about the family’s finances and their expectations for the future. Finally, the couple should each seek out their own attorney. It is important that each party to this agreement receive independent legal advice and counsel.
For more information on Post Nuptial Agreements call Payne Law Group for a free consultation at (323) 834-2889.
When a custodial parent wants to move away from the noncustodial parent, they may need permission from the Court if the noncustodial parent opposes the move. In this situation, the Court will look at the following factors before approving a move away order:
- The age of the children at the time of the move.
- The current custody and visitation arrangement.
- The distance of the move and ability of visitation with the other parent.
- The wishes of the children, if they are mature enough to hold an opinion.
- The stability of the child’s environment and how it will be affected by a move.
- The relationship of the children and the parents, and how this will be affected by a move.
- The relationship of the parents and their ability to communicate and cooperate in the best interest of the children.
- The reasons for the move. For example, if the custodial parent is trying to alienate the children from the other parent, the Court is not likely to grant an order allowing the move.
In summery, the requesting parent will need to show the Court that a move is in the best interest of the children, before the Court will make an order to allow it.