Yearly Archives: 2007

Coming Soon to a Blog Near You!

March 02, 2007 | Blog, Family Law News

Icon for author Brian Vertz Brian Vertz

Lots of topics have attracted my interest lately, so I will be posting on the following subjects over the next few weeks: Does a Breach of a Prenuptial Agreement Create a Right of Rescission? Part II Fractional Interest Discounts in Real Estate “Transmutation” of Separate Property Another Take on Non-Transferrable Goodwill: MUM’s the Word! Spoliation of Evidence in Business Valuation Contests

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Does a Breach of a Prenuptial Agreement Create a Right of Rescission? Part I

February 28, 2007 | Blog, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

Earlier this week I posted the introduction to this post, in which I examined the cases from Pennsylvania and other jurisdictions that lead me to believe that a breach does not create a right of rescission unless the breach is so substantial that it cannot be remedied through money damages. The Pennsylvania cases are not conclusive, but lend their support to this theory. Pennsylvania Cases Estate of Barilla, 535 A.2d […]

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Does a Breach of a Prenuptial Agreement Create a Right of Rescission?

February 26, 2007 | Blog, Prenuptial Agreements

Icon for author Brian Vertz Brian Vertz

In Pennsylvania, under the long-standing authority of Simeone v. Simeone, 525 Pa. 392, 581 A.2d 162 (1990), premarital agreements are inviolate unless there has been a lack of full and fair disclosure. Prior law which required that a prenuptial agreement make a reasonable provision for the dependent spouse has been eliminated. Moreover, the standards for finding a lack of full and fair disclosure are exceedingly difficult to meet, as subsequent […]

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Marital Settlement (TV Style)

February 16, 2007 | Blog, Marital Property, Settlement

Icon for author Brian Vertz Brian Vertz

I heard about it, and read about it (thanks, Death&Taxes!), but I didn’t see the episode of the TV series 30 Rock when Jack and his wife Bianca settled their divorce. The negotiations were heated: Bianca: I want our divorce to be final.Jack: All right. I want back all the jewelry I ever bought you.Bianca: Fine.Jack: I want the art supplies that I gave you on your 40th birthday, and […]

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