Divorcing spouses in San Diego would probably prefer a quick divorce to one that endures unnecessarily. But sometimes the strong emotions and potential bitterness between the spouses tends to prolong an already arduous process. There are ways to proceed that can help minimize or at least attempt to contain the proceedings so that both parties can move on with their lives as soon as possible. Of course, one of the ideal ways to work toward that goal is to consult with and hire and experienced family law attorney who understands the local laws and divorce court procedures.
According to news reports, Rupert Murdoch is attempting to dissolve his 14-year marriage to Wendi Deng Murdoch as quickly as possible. Experts speculate that Murdoch's choice of lawyer, and a slew of pre- and post-nuptial agreements, all point to a quiet divorce, with minimal drama. The attorney Murdoch hired has a reputation for settling divorces in a quiet manner, and much the same has been said of his wife's selection of attorney, who is also known for her reputation in keeping matters out of the public eye.
One method of anticipating some of the difficulties divorcing parties may face is to settle certain matters before the marriage even begins by signing a prenuptial agreement. In many cases, the person with the greater accumulation of wealth before the marriage is often the party who suggests signing a prenuptial agreement. Both parties, however, are expected to thoroughly review the document, with the help of counsel, to ensure satisfaction of the terms before signing. Not surprisingly, the Murdochs signed a pre-nuptial agreement in 1999. Reports indicate that Wendi Murdoch was represented by her current divorce counsel during the execution of that agreement. The couple also signed two post-nuptial agreements in 2002 and 2004.
In California, the Uniform Premarital Agreement Act governs prenups and sets forth some ground rules. For one, the law requires parties to wait seven days from the day they first see the prenup before signing the document. Additionally, a prenup cannot settle issues relating to child support or child custody, and it cannot mandate obligations of either spouse in non-financial matters. The two most important rules governing prenups are that a prenup must be in writing and it must be fair. In order to help ensure the fairness of the document, both spouses are encouraged to hire their own attorneys, who will represent each person's separate interests.
The Murdochs of course had their own attorneys at the time of signing their agreement, which, in all likelihood, will be upheld and enforced. It has been suggested that financial matters will all be settled according to those documents. The courts in New York, where the divorce was filed in this case, are known to view prenups in a favorable light.
Many people view prenuptial agreements as only necessary for wealthy couples. But that is not necessarily the case. Anyone with any amount of assets, including people with established careers and people remarrying, should give serious consideration to a prenup. Parties who are seeking information on the benefits of a prenuptial agreement are encouraged to consult with an experienced local family law attorney.
For more than 35 years, San Diego certified family attorney Thomas Huguenor has represented people navigating the California marriage and divorce process. For a free and confidential consultation, contact him today online or at (858) 458-9500.
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