Herbener v. Herbener Husband held separate property, which he transferred to an LLC, which was owned by Husband and Wife. Wife argued that the transfer of the property to the LLC after the marriage transformed the ownership to Husband and Wife’s concurrent ownership. The Court of Appeals held that concurrent ownership is limited to...Read More
GRASCH v. GRASCH Husband, an attorney, and Wife, who managed his law firm, divorced after a thirty year marriage. After four years of litigation, the parties appealed and cross appealed numerous issues for the Appellate Court to review. Contingency Fees The first issue the Appellate Court addresses is whether contingency fee cases are marital property...Read More
A recent Missouri case holds that a party seeking to enforce a prenup must raise the issues in a pleading. Failure to do so prevents the court from enforcing the prenup. Homan v. Holman, which can be found here. In pleading to a preceding pleading, a party shall set forth all applicable affirmative defenses and...Read More
Post-nuptial agreements, sometimes called mid-marriage agreements, are contracts entered into by a married couple for some reason other than an anticipated divorce or separation. Sometimes they are reconciliation agreements. Most states hold that the standard for enforceability is the same as with prenuptial agreements and must be fair, reasonable, and made with full disclosure.Read More
Premarital Agreements and the Young Couple by Linda J. Ravdin is a very helpful article at Wealth Strategies Journal. Emotional Issues in Estate Planning: Planning for the Guardianship of Minor Children is the title of a promised January, 2007 article. The founders, editors, and advisory board are an impressive crew.Read More
When Lane v. Lane (on pre-nups) was initially rendered, I was taken aback by the division of the court. Our initial posting simply quoted from Justice Lambert’s opinion, Justice Grave’s concurring opinion and Justice McAnulty’s dissent. I thought the quotes quite clearly and tellingly illustrated insight into the high court’s view of marriage rights and...Read More
Lane v. Lane, 202 S.W.3d 577 (Ky. 2006) Issue and Holding: Whether an ante-nuptial agreement, entered into by the parties three days prior to their marriage, can be strictly enforced as written after a nine and a half year marriage and change of circumstances. The Court held no, portions of the agreement were unconscionable at...Read More
After the Kentucky Court of Appeals decided Blue v. Blue, 60 S.W.3d 575 (Ky. App. 2001), we wondered whether there were any circumstances that could cause an ante-nuptial agreement to be declared unconsionable. Now we have one. In an opinion rendered September 21, 2006, Lane v. Lane, the Kentucky Supreme Court reversed the Court of...Read More
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