Rui Alves’ Post

Navigating the Emotional and Legal Complexities of Art in Divorce Divorce is more than just an emotional journey; it involves intricate legal and financial processes. At Schenck, Price, Smith & King, LLP, our very own Tanya Helfand, Esq., offers a profound insight into the complexities of dividing art during a divorce. With her dual expertise as a certified matrimonial attorney and an art collector, Tanya sheds light on the unsentimental view of the courts and the importance of planning ahead. In her latest article, Tanya discusses the challenges of valuing fine art, the potential for legal battles, and the emotional toll it can take on all parties involved. She emphasizes the value of prenuptial and mid-marriage agreements to safeguard art assets and suggests positive alternatives to litigation. Read the full article to understand why, when it comes to divorce and art, it’s not just about winning the fight but about finding a resolution that allows everyone to move forward positively. 🔗 Read More #Divorce #FineArt #LegalAdvice #FamilyLaw #ArtValuation #SchenckPriceSmithKing

Following on from our previous post on Binding Financial Agreements, this will explain the different types of BFAs and their purpose. The Family Law Act provides for couples to enter into a BFA at various stages of their relationship: - 𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟵𝟬𝗕: Commonly known as a ‘pre-nup’, this is used for parties prior to their intended marriage - 𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟵𝟬𝗖: For parties who are married (essentially, during the marriage), usually setting out how their assets would be divided in the event of a separation, or for parties who have already separated but not divorced to formalise their property settlement agreement - 𝗦𝗲𝗰𝘁𝗶𝗼𝗻 𝟵𝟬𝗗 This provides for the parties to formalise their property settlement agreement after divorce. The equivalent de facto provisions can be found in 𝘀𝟵𝟬𝗨𝗕 (before cohabitating), 𝘀𝟵𝟬𝗨𝗖 (during the relationship) and 𝘀𝟵𝟬𝗨𝗗 (after separation) of the Family Law Act. For those parties who have separated and/or divorced, a BFA is one of only two ways to document a 𝘣𝘪𝘯𝘥𝘪𝘯𝘨 and 𝘦𝘯𝘧𝘰𝘳𝘤𝘦𝘢𝘣𝘭𝘦 agreement. We see many scenarios which result in couples entering into a BFA, for example: • It is their second marriage/relationship and they want certainty of a property settlement if the relationship ends • They want certain assets or interests (such as family money) to be excluded in the event of a split • They have specific ideas about how particular assets or interests should be considered • A tailor-made arrangement suits their lifestyle or future plans • Succession issues are to be dealt with • Business interests which are also entwined with other people. Careful and wise advice needs to be sought and given in these situations, especially as each party must have their own lawyer during the process to provide mandatory advice about the advantages and disadvantages of the entering into the Agreements, as well as the effect on their rights under the law. If you or someone you know might benefit from a BFA, book a free 15-minute consultation with us here: https://lnkd.in/g58r5btm #dignitylegal #dignityedr #effectivedisputeresolution #familylaw #separation #divorce #financialagreement

It's helpful to think about divorce in three main buckets. Here's a breakdown of these stages: ✅ Producing the Correct Paperwork: This stage involves gathering and completing all necessary legal documents for the divorce process. This can include the petition for divorce, financial affidavits, property and asset documentation, child custody plans (if applicable), and any other required forms. The cost to complete this stage is relatively low. ✅ Filing the Paperwork with the Court: Once the necessary paperwork is prepared, it must be filed with the appropriate court. This involves submitting the divorce petition and any other documents to the court clerk, paying the required filing fees, and officially starting the legal process of divorce. Filing fees range from less than $100 to more than $400 (for both parties) depending on your jurisdiction and circumstances. ✅ Negotiation and Finalization: Between the initial filing and the final divorce decree, there are several steps that involve negotiation to come to an agreement on the terms of the divorce. This can include negotiations between the parties directly, through their attorneys, or with the help of a mediator. The negotiations cover a wide range of issues, such as asset and debt division, spousal support, child custody, and child support. This phase may involve court appearances, mediation sessions, and the exchange of discovery documents to gather evidence. The cost of this stage can vary widely, depending on the negotiation method chosen and how quickly both parties can come to an agreement. Without a shared goal to find common ground quickly, this stage can become extremely expensive. #divorceexplained #divorceprocess #divorcecosts #divorcefiling #divorcelawyer #divorcemediation #divorcecourt #amicabledivorce #divorcepaperwork #divorceagreement #divorcenegotiations #divorcefinalized 🔗 [Learn More]: https://startnewpage.com/ 🚀 [Contact Us]: [email protected] 

NYC Spousal Support Attorney Juan Luciano Releases Article on the Role of Alimony in High Net Worth Divorces: NYC spousal support attorney Juan Luciano (https://lnkd.in/d8yXKx8m), of Juan Luciano Divorce Lawyer, recently published an insightful article detailing the complex matters of alimony in high net worth divorce cases. The article offers a thorough examination of the legal considerations and … Continue reading → #LawLegal

In a contested divorce, spouses disagree on key issues, necessitating court intervention. In an uncontested divorce, both parties reach mutual agreement on all terms, simplifying and expediting the process. Contested Divorce ⚖️ Disagreements on Key Issues: Spouses cannot agree on important aspects such as division of assets, child custody, alimony, or child support. ⚖️ Court Involvement: Requires intervention from the court to make decisions on disputed issues, which can lead to a longer and more complex process. ⚖️ Legal Representation: Often involves extensive legal representation and potentially multiple court appearances. ⚖️ Costs: Typically more expensive due to legal fees, court costs, and the extended duration of the process. Emotional Toll: Can be emotionally draining for both parties, often leading to heightened conflict and stress. Uncontested Divorce ⚖️ Agreement on Terms: Both spouses agree on all key issues, such as asset division, child custody, and support arrangements. ⚖️ Simplified Process: Typically involves a streamlined process with minimal court intervention, often allowing for quicker resolution. ⚖️ Legal Representation: May require less legal representation since there’s no dispute, and in some cases, couples may handle the process themselves or through mediation. ⚖️ Costs: Generally less expensive due to reduced legal fees and quicker resolution. ⚖️ Emotional Impact: Usually less stressful, as both parties work cooperatively to reach a settlement. These differences highlight how the level of agreement between spouses can significantly impact the divorce process, costs, and emotional experience. If you are considering divorce, give us a call and let’s find the best course of action for you and your family. #DivorceEducation #NewBeginnings #FamilyLaw #DivorceHelp #OCFamilyLaw

Catherine Lowther, Managing Associate in our Family Law Team, reflects on the impact of no-fault divorce since its introduction two years ago. In this article, she explores the positives and negatives this legal change brings to divorcing couples.   https://lnkd.in/epeWbHmq   #DivorceLawyer #FamilyLaw #NoFaultDivorce 

Navigating the legal complexities of divorce can be an overwhelming and emotionally charged experience. While the prospect of hiring a divorce lawyer may seem daunting, especially due to the associated costs, having proper legal representation is crucial to protecting your rights and interests throughout the process. #DivorceLawyer #OrangeCountyFamilyLaw https://lnkd.in/etRwQnc9

| Must my Partner Sign Divorce Documents? |   CREDITS By Desiré Pretorius   Divorce proceedings are often marked by fear, uncertainty and especially emotional strain. These factors combined go hand in hand with a well known question of whether or not you require your partner’s consent to get a divorce.   While it is a factor that South African Law places immense importance on maintaining a stable family relationship, our law also comes to our aid when we need it most.   The answer to this question is simply this: No, you do not NEED your partner’s consent or signature to obtain a decree of divorce.   South African Law follows a dynamic approach to divorce in that parties can get divorced in two ways: •            Voluntarily by means of a settlement agreement. •            By a court of law following the exchange of pleadings.     To read more about this blog click on the link below; https://lnkd.in/dN4_cQpF   Contact Vermaak & Siecker Attorneys for experienced and effective assistance with your divorce where your interests can be looked after.   The Vermaak & Siecker Attorneys Inc. Team …………………………………………………………......................................................... We aim to achieve these goals by providing our clients with the highest level of professional service, skilled assistance and knowledgeable legal advice.   You can contact our office on (016) 004 0162. Our offices are based at 129 Beethoven Street, Vanderbijlpark, Gauteng.   #legal #legalpractice #legalservices #highcourt #magistratecourt #attorney #attorneys #criminallaw #criminallaywer #litigation #debtcollections #divorce #divorcelaw #divorcelawyer #divorcematters #familylaw #2024businessgoals

The process of going through a divorce can be incredibly stressful and overwhelming. Alongside the emotional burden, there is the challenge of fairly distributing marital property and assets, which can lead to disagreements. Consulting with an experienced Stillwater division of assets lawyer is crucial to navigate these complexities and achieve a fair settlement. Oklahoma's equitable distribution means assets are divided fairly, not necessarily equally, emphasizing the need for professional legal guidance. Ensure a fair outcome by seeking the experience of a skilled family lawyer. #Divorce #FamilyLaw #AssetDivision #OklahomaLaw #LegalAdvice

Chicago Divorce Attorney Russell D. Knight Releases Article on Legal Options When a Spouse Refuses to Work in a Divorce: Chicago divorce attorney Russell D. Knight (https://lnkd.in/du3MBuFg), of the Law Office of Russell D. Knight, has recently shed light on divorce cases where one spouse refuses to work. In the article, Knight addresses the legal implications of such situations and … Continue reading → #LawLegal