Set brand in the Divorce Settlement Contract

Aug 6th, 2022
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How to set brand in the Divorce Settlement Contract

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good afternoon im attorney lee pearlman i want to talk to my family law friends and colleagues about how to bankruptcy proof your divorce settlement right now first let me lay a little groundwork for everyone bankruptcy code section 523 a15 i know i promise this will be the only bankruptcy code section i cite in this video simply provides that debts incurred during the course of divorce are non-dischargeable in chapter 7 and 11. but a chapter 13 is different a chapter 13 bankruptcy is more expansive so it can discharge any non-support obligations associated with divorce unlike 7 and 11. family lawyers are most at risk when they are drafting marital settlement agreements we see it all the time or court judgments that direct one spouse to pay or indemnify another spouse in the future the spouse assigning the obligation or what we say as doing the directing thats the creditor spouse this is the spouse who needs to be cautious and careful some examples of clauses that could be subject to

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Liabilities can include: Real estate mortgages, first and second mortgages on your home. Credit card accounts. Car loans.
A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody.
The value of the business when the spouses are married plus a reasonable rate of return equals the owner spouses separate property interest in the business. That amount is deducted from the current business valuation to determine the community property amount to be divided equally between the spouses.
Five tips for negotiating a divorce settlement with your spouse Communicate effectively. It can be difficult to talk to your ex, but clear and calm communication is critical to successful negotiations. Dont withhold information. Ask questions. Focus on goals. Consult an experienced divorce attorney.
You may have heard it described with other names, including: Marital settlement agreement. Mediated agreement. Separation agreement.
If you dont have any financial, property, or child-related issues then you probably dont need a written settlement agreement.
You can think of the marital settlement agreement as the preliminary process required when getting divorced. On the other hand, a divorce decree legally mandates that you are divorced in the eyes of the law.
Community Property Theres a clear separation between the two when it comes to marital property. There is a 50/50 division of the couples property. As long as the property was obtained during a marriage, the woman is entitled to a half share.

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