A recent Wall Street Journal article on the place of prenuptial agreements among Baby Boomers — and others looking to protect existing assets — raises important questions.

As the article stated, “Baby boomers looking to protect their assets are increasingly turning to prenuptial agreements — legal contracts drawn up before a marriage that dictate what happens to assets in the event a couple should part ways, either by divorce or death.”

An interesting point about Baby Boomers who lost significant assets accumulated throughout a long career is that second marriages tend to bring up the subject, especially if one party has significant assets and adult children to whom they intend to leave their estate.

Pre-Nups are hopefully not the first time a couple talks about money and finances and how they plan to handle these items during the marriage, but it will certainly get the ball rolling. Discussing everyone’s assets, debts and what will stay with whom will allow for everyone to formulate realistic expectations about finances during the marriage.

In fact, money problems are one of the leading causes of divorce. In fact, Mexico, cleverly requires couples to declare separate or community property on their marriage license. This forces the couple to discuss at the time of applying for the license how they plan to handle finances of the marriage. If one party insists on separate property and the other does not agree, he or she then can determine whether they intend to apply for marriage or not.

The U.S. could learn from this practice.

Pre-nups generally are drafted for people with money. Because of their usefulness in starting the discussion about marital finances, pre-nuptial agreements should almost be required by states issuing marriage licenses.

Another point about pre-nuptial agreements: if the law changes after the fact, a carefully crafted pre-nup may not protect certain provisions because of the change in law. A pre-nup will not shield an asset after a change in the law.

If you have any questions about how a pre-nup can protect your assets or your family’s inheritance, contact a family law or divorce attorney before you say, “I do.”

According to a new book and its review on MSN, “Whether you are happily married now, or hoping to be one day, there’s one topic you’d probably rather not think about: divorce. Yet, most of us know at least one wedded couple who has split up. And then there’s that ominous 50 percent statistic, which often scares us into believing that a marriage’s survival is as subject to chance as whether a coin will flip heads or tails.”

The MSN writer spoke with licensed marriage and family therapist Shannon Fox and divorce attorney Celeste Liversidge, who authored the book Last One Down the Aisle Wins: 10 Keys to a Fabulous Single Life Now and an Even Better Marriage Later. In the story, they offer guidance on the seven worst deeds a divorcing couple can commit…

Read the entire article here.

Watch as she highlights some of the trends — and warnings — related to social media like Facebook, texting and other applications.

Watch and listen as family law attorney Barry Finkel discusses divorce and taxes with a local television news host.

For many, Facebook is a compelling and engaging social media network. For those facing divorce, Facebook, Twitter, even YouTube and Flickr are inviting places to share details about your experiences: your separation, social life, maybe new-found freedom and even “hot dates.”

All a family law attorney can advise is: Be careful what you post.

A recent article on Facebook, social media and divorce called Facebook and divorce a “flammable situation.” For good reason. The piece likened Facebook to marriage’s other bookend to eHarmony. “The world’s most popular social media site is revolutionizing the divorce experience, pouring toxin into virtually every stage of a collapsing marriage.”

People are finding old flames, pursuing new relationships, and posting juicy details and pictures about their dalliances and flirtations — and unwittingly giving their spouse’s divorce lawyer fuel to destroy their case and reputation in the case. Even a case for timesharing can be damaged: One parent posted his parental frustrations — details opposing counsel used against him.

Some 81 percent of the nation’s top divorce attorneys say they have seen more cases using social networking evidence during the past five years, according to a recent survey of the American Academy of Matrimonial Lawyers (AAML). “Facebook holds the distinction of being the unrivaled leader for online divorce evidence, with 66% citing it as the primary source,” the AAML wrote [ http://www.prnewswire.com/news-releases/big-surge-in-social-networking-evidence-says-survey-of-nations-top-divorce-lawyers-84025732.html ]. Following Facebook among survey respondents are MySpace (15%), Twitter (5%), and other social media services (14%).

With scrutiny — and the desire for evidence — heightened, examination grows more intense. Here’s how to enjoy social media without sabotaging your divorce case:

- Consider each post as your spouse, opposing counsel, mediator or judge might view it. Even status updates or comments you consider tame might seem tawdry to others.

- Avoid posting inappropriate images from dates or outings. Pictures tell tales you may prefer not be told. Even if otherwise innocent, they can be misinterpreted by a spouse on the hunt for evidence to support their case.

- Avoid flirtatious or questionable behavior in public. The combination of camera phones and Facebook can make even friendly encounters appear damning in the court of social media.

- When in question, don’t post. There will be plenty of time to enjoy — and post about — your single lifestyle once your divorce is final.

- Watch status updates about — or by — your kids. Spouses often monitor kids’ experiences with their other parent via social media. Frustrations vented by you or your kids can be used against you (even if taken out of context). Without appearing like a snooping parent, vet their updates to ensure you’re not cast in an inappropriate light.

Unlike other states, where juries may determine divorce, Florida law has judges — not juries — setting the outcome of divorce cases that go to trial. Many experienced judges understand how Facebook is a part of modern life, and may give wide interpretation to otherwise incriminating “evidence” counsel may present. To that end, spouses can hurt their own case by trying too hard to hurt the other.

It’s been said that discretion is the better part of valor. Enjoy your social media experience. Just beware how status updates may affect your marital status or case’s outcome.

And sometimes, after months or years of bad chemistry and a relationship turning sour, there is no surprise at all.

It’s in those situations – when you believe that separation or divorce might be coming – that it’s best to prepare for separation and divorce.

If you’re expecting to file for divorce from your spouse, or if you believe your spouse might be preparing to serve you with papers, here’s how to be prepared…

* Obtain originals or make copies of all vital financial records and documents. This includes statements for checking and saving accounts, investment and retirement accounts, real estate holdings, life insurance, tax returns, and other assets. Don’t expect that your spouse will make access to those documents simple.

* Plan how to tell the children. This is best done by both spouses, with no blame assigned, no financial issues discussed, and only the kids’ best interests in mind. Consider hiring a family counselor to assist in the process. It’s important to minimize the shock and maintain normalcy as much as possible.

* If you and your spouse anticipate remaining on good terms once separation has occurred and divorce proceedings are under way, discuss maintenance of bills during the process. Who will live in the residence? How will timesharing be worked out? The children remaining in the residence, if possible, can help keep their lives stable.

* Be familiar with your rights and responsibilities during and after a divorce. Every situation is different and it is a mistake to rely on the advice of your friends who have been through a divorce. While well meaning, those friends are not attorneys and more often than not, give bad advice.

Sometimes, divorce is unexpected. At other times, you can see it coming. Either way, maintaining a sense of normalcy – while protecting your best interests and those of your children – can heighten your chances for the least disruptive outcome.

Lost in much of the discussion is how this case likely would play out in divorce court. Moreover, this case provides various lessons in how marriage and divorce should be handled, regardless of whether the participants are celebrities.

While Ms. Nordegren apparently has pursued the counsel of Los Angeles divorce lawyer-to-the-rich and famous Sorrell Trope, there’s been no word of Mr. Woods’ counsel. If she has hired Mr. Trope, it’s advisable that Mr. Woods seek similarly high-caliber counsel.

If this marriage is destined to end in divorce, it’s likely that the case will be resolved quickly. Celebrity and athlete divorce can dramatically damage one’s public persona; paying more in a settlement in pursuit of expeditious closure often is advisable – and preferred over prolonged tabloid fodder.

Still, this could prove to be lengthy – and costly. Many have theorized on outcomes. From a divorce attorney’s perspective, the following are reasons for bringing this case to a quick end:

- Nip disclosure. This will keep a lid on disclosure; after all, anything entered into public record – including income, is open for all to see.

- Stop the presses. Once it’s final, the talk and pursuit by the paparazzi and tabloids likely will end – eventually.

- Tiger will be able to re-start his golf career. Once he’s on the golf course – and winning – again, many of his sponsors likely will come back on board.

The lessons of the Woods-Nordegren case should be strong and clear: Securing qualified legal counsel early on is an important act to ensure the party’s rights and interests are protected. While the presence of paparazzi and sponsors is uncommon among the common couple, quick closure often brings a chance to move on with one’s life.

Simply put: Under Florida law, which by virtue of their primary residence in the state is the laws under which the pre-nuptial agreement and any divorce likely will be applied, this could be relatively cut-and-dry, and quick to closure. Why?

Regardless of the outcome, this case brings the importance of a well-crafted pre-nuptial agreement front and center. Pre-nuptial agreements can protect the assets and rights of both parties in a marriage.

Challenging the pre-nup in Florida requires 1. There not to have been adequate financial disclosure, or, 2. Ms. Nordegren to have signed the agreement under duress. It’s not likely that the pre-nup was presented to Ms. Nordegren within days of their October 2004 wedding. Additionally, whomever Mr. Woods engaged as counsel to draft the agreement certainly would have provided sufficient disclosure to ensure the agreement couldn’t be nullified on such grounds.

Since there has been no discussion of a challenge to the pre-nuptial agreement, some have surmised that it is not in dispute.

Given that Ms. Nordegren apparently has pursued the counsel of Los Angeles divorce lawyer Sorrell Trope, it’s not likely Mr. Trope would challenge the pre-nup in California court – assuming the Golden State was found to have jurisdiction. History and precedence has shown that California courts strongly uphold existing pre-nuptial agreements.

Still, should divorce be pursued, whether any settlement meets the terms of the pre-nup is questionable. To forestall any chance that public notoriety will cost him more than what he pays is wife, Mr. Woods may decide it’s better to pay more and get closure.

Will Mr. Woods’ philandering behavior play a role in altering the terms? It depends on the language. It’s unlikely that the attorney who wrote the pre-nup would have provided that an extra-marital affair would be grounds for contesting the terms of the agreement, which would result in a greater distribution of assets to Ms. Nordegren.

How will child support be affected by the pre-nup? Not at all. In Florida, child support, parental responsibility, and time sharing cannot be determined in a pre-nuptial agreement. Rather, at the time of the divorce, the court determines the appropriate child support figure based on a guideline formula.

Quick closure to the case – whether through the couple re-uniting or seeking divorce – likely will highlight the importance of a well-crafted pre-nuptial agreement.

(30)

Or is a text a near-permanent trail that can be linked to indiscretions during a divorce?

Some in the process of divorce may text message their spouse, friends or even a lover with whom they’re having an affair. They may inadvertently reveal intentions, intimate details and even negotiation strategies. Once it’s been sent, they hit “Delete” and think the message is gone forever. Wrong.

This can become a near-permanent embarrassment during divorce negotiations. Watch as Barry I. Finkel is interviewed on the topic of texting and divorce.

The holidays are a festive time for a family to gather and spend memorable moments together – even if that family has been split by divorce.

Just plan ahead – and plan to cooperate.

“From Christmas to Hanukkah to Kwanzaa, each family’s holiday traditions are different. The common thread is spending time together,” said Barry Finkel, a Fort Lauderdale, Florida, family law attorney. “As long as parents work together, the divorce settlement’s child custody or timesharing arrangement can be flexible enough to reflect and respect these differences and traditions.”

Follow these tips to ensure the children – and family – enjoy pleasant and memorable celebrations this holiday season:

Plan ahead. Parents should plan their holiday festivities as best as they can around their time-sharing schedule – always keeping in mind the best interests of the children.

Split the day. If the families traditionally celebrate Christmas day, split the day in half, with one parent getting Christmas morning one year, and afternoon / evening the next.

Split the holidays. If parties celebrate Christmas Eve and Christmas Day, alternating them each year with the children allows each parent to celebrate with the children evenly.

Split the holidays, part II. With eight days, Hanukkah gives families eight opportunities to celebrate. Parents can have their main celebration on any day and arrange each year prior to the holiday how to split the days for religious celebrations and gift giving.

Accommodate out-of-town family. If one parent’s extended family has flown in for the holidays, the other parent can agree to relax time-sharing. While grandparents have no inherent rights regarding timesharing, if they are in town, families can coordinate with one another regarding holiday time-sharing.

Travel time. It’s OK for one parent to make travel plans without the children if it is not his or her year for the holiday with the children.

Celebrate together. Ex-spouses can celebrate with one another and the children if it is an important family ritual – and the parents can get along.

Be mindful of the children – and traditions. Try to observe or maintain traditions important to the kids. Don’t ruin the holidays for them with unnecessary shuffling back and forth or tension between parties. Be flexible. Have fun.

“No hard and fast family law rules dictate how holidays should be handled,” Finkel said. “So long as there is no tension or fighting between the parties that would upset the children, celebrate the holidays and leave the children with smiles on their faces.”