Author: Brian Vertz

Chasing Divorce Assets, Part 4

International Tracing

March 08, 2021 | Blog, Equitable Distribution, Marital Property

Icon for author Brian Vertz Brian Vertz

This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. ¬†International Tracing Traditional discovery is an essential but incomplete tool when tracing foreign assets and income in connection with a divorce. Divorce lawyers must understand, and explain to clients, that the subpoena power of a U.S. court does […]

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Chasing Divorce Assets, Part 3

Defending and Attacking Prenuptial Agreements

This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. Defending and Attacking Prenuptial Agreements If the objective of a prenuptial agreement is to define and protect separate property, an effective one must anticipate and address future opportunities for comingling, transmutation, and retitling separate property. For instance, many […]

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Chasing Divorce Assets, Part 2

Distinguishing Separate Property

February 03, 2021 | Blog, Equitable Distribution, Marital Property

Icon for author Brian Vertz Brian Vertz

This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. Distinguishing Separate Property In jurisdictions employing a dual classification form of equitable distribution, there is a legal distinction between marital and separate property. Marital property is divided between spouses upon divorce. Separate property is exempt from equitable distribution, […]

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Chasing Divorce Assets, Part 1

Tracing Hidden Assets and Income

  This four-part blog series addresses the sourcing of money and property in divorce proceedings to discover hidden assets and income, distinguish separate property from marital property and enforce or attack prenuptial agreements. Tracing Hidden Assets and Income Initially, asset tracing depends upon the voluntary disclosure of information from each spouse. If spouses suspect that money and property have been diverted from the assets disclosed in financial affidavits and discovery […]

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