Family Law Newsletters
A cohabitation agreement is an understanding between two unmarried persons who live together as to how they have agreed to treat their individual assets and how they agree to manage, control, acquire and dispose of assets in the event the relationship terminates. The advantage of a cohabitation agreement is that, if properly drawn, it will reduce the stresses that would be involved if the cohabitation relationship terminates.
Many grandparents want to give their grandchildren gifts. Giving gifts to grandchildren is also advantageous for the grandparents’ estate because it may reduce the overall size of the estate and lower the estate tax burden.
Courts generally prohibit parties from using the adoption process to achieve purposes that would have a detrimental economic effect on the children involved. An attempt by a birth parent to adopt his or her own children for the purpose of terminating the other birth parent’s relationship with the children is a misuse of adoption. Also, an agreement to release birth parents from support obligations in exchange for their consent to an adoption is a misuse of adoption.
Depending upon whether a state has adopted the Uniform Parentage Act or whether they have another state statute that governs, paternity proceedings may typically be commenced any time from after the child’s birth or at any time for the purpose of declaring the existence of the father and child relationship. The action may also be commenced for the purpose of declaring the non-existence of the father and child relationship.
In a divorce, retirement benefits are typically subject to division between the parties. The division usually occurs by way of actual division or asset exchange. After the court has determined the actual division of the retirement benefit, a QDRO is issued. A QDRO is a judgment or order that recognizes the existence of the non-employee’s right to receive a portion of the employee’s retirement benefits.