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May 31st, 2005
Considering divorce rates in the U.S., it is surprising to many divorce lawyers that such a small percent of couples entering marriage discuss the option of a prenuptial. Not just for people with a high net worth, some divorce experts believe more couples will begin to sign prenuptials and recent trends indicate the upward rise.
According to the National Center for Health Statistics, 43 percent of first marriages end in divorce within 15 years, and that number jumps to about 70 percent for second marriages. Still, even though people understand the numbers, they continue wanting to believe their relationship will defy the statistics and that their chances for divorce are zero.
Experts range in advising on the topic of prenuptial agreements. While some believe everybody, regardless of income or age, should sign a prenuptial agreement, others recommend only older couples who already own property or stocks, or couples entering a second marriage.
Prenuptial agreements allow a couple to decide their financial matters on their own, opposed to allow the laws to dictate a divorce settlement, which some experts believe should be fully weighed.
For more information on divorce law, please contact us.
Issues Regarding Child Custody
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.