Posts Tagged ‘complex divorce’

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Divorce Confidential: For Maximum Discretion, Fine Tune Agreements before Going to Court

December 20, 2016

Some of the highest-profile divorces occur in California, where all eyes are turned towards celebrities and Silicon Valley millionaires – yet the sunshine state isn’t somewhere it’s easy to shield your private affairs. In California, unlike New York, members of the public only have to show up to the courthouse to obtain – and photocopy – divorce and financial records. So what do high profile, high net-worth people involved in a complex divorce do to keep their affairs as discreet as possible? In California, high profile couples often choose to hire private judges. The advantage of this option is to hold a trial at a location that’s known only to the parties, but if for some reason information gets out, technically the public can attend these trials too. Whatever happens in litigation is eventually public record, even if the proceedings are held privately.

Disclaimer: This article does not constitute legal advice. If you have any questions about your individual situation it is best to seek the advice of an experienced family law professional.

Parties in a divorce can request to have parts of their divorce proceedings sealed but the judge will weigh up the damage to one party from public disclosure against the presumption that the court records are open to the public. In addition to this, request for privacy must be “narrowly tailored,” which means parties can’t request all records closed just because it will make them more comfortable. The court will seal off no more information than necessary to protect specific concerns. Some of these reasons can include the need to protect children and the need to protect proprietary business interests. Ultimately it is in the hands of the judge to decide, making litigation a risky option for entrepreneurs developing proprietary technology or for people who are desperate to keep their kids out of the spotlight. In one very well-known example, Brad Pitt’s recent request to seal information regarding child custody arrangements was denied by a judge.

Angelina Jolie’s lawyer Laura Wasser, who is well-known for maintaining a high level of discretion in divorce, recommends that parties spend most of their time working out an agreement before ever filing divorce papers and going before a judge. (http://www.bloomberg.com/features/2016-laura-wasser-hollywood-divorce-lawyer/) Knowing where both parties stand and having a roadmap for how a divorce will proceed makes the process more predictable and the information that is released more carefully controlled by the parties. Couples who follow Wasser’s recommendation might want to try mediation, a process tailor-made for coming to confidential agreements that take into account a complex array of issues. At Boileau Conflict Solutions we specialize in working out more complicated divorces in which couples may need to split business assets or have delicate childcare considerations. We come to each case prepared to meet the challenges of complex lives with the utmost of care and most importantly, complete confidentiality and discretion.

It also bears repeating that discretion need not, in fact, cost as much as hiring a private judge: mediation is cheaper than litigation. Divorce mediators are skilled legal professionals who are experts in crafting agreements that take into account complex financial and childcare arrangements. At Boileau Conflict Solutions we perform extensive analysis of assets, liquidity, cash flow, and equalization options, which includes child support and spousal support. We also offer the only mediated business valuation of any mediation firm in California. We can help divorcing partners splitting a business to come to an optimum arrangement. In addition, we are developing a mathematical algorithm that uses fair division, game theory, and psychoanalysis, drilling down into both conscious and unconscious preferences and needs. Please get in touch to find out how we can help you make your divorce as discreet as possible.

Disclaimer: This article does not constitute legal advice. If you have any questions about your individual situation it is best to seek the advice of an experienced family law professional.

Sources for this article:
http://people.com/movies/brad-pitt-angelina-jolie-custody-battle-court/
http://www.forbes.com/sites/russalanprince/2014/12/08/protecting-privacy-in-a-divorce/#343fa5832c22
http://family.findlaw.com/divorce/divorce-records-and-privacy.html
http://www.usatoday.com/story/life/2016/12/07/brad-pitts-attempt-seal-divorce-documents-denied/95100560/

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A Short Marriage, a Long Partnership: Why Brad and Angelina Need to Divide Their Assets Carefully

September 23, 2016

The Jolie-Pitt divorce announcement has been greeted with intense speculation about what will happen to the family now that Angelina has filed for divorce requesting sole physical custody.

For once, the media has avoided too much speculation about spats over money, given that both partners are independently wealthy. Brad’s net-worth is estimated at $240M, while Angelina is worth slightly less at $160M. In addition, the couple has been married for just 2 years, and California law doesn’t mandate spousal support unless the marriage is of long duration, over ten years. Before this, support will usually last for half the duration of the marriage. Spousal support is intended to compensate for a drop in standard of living for the lower earning spouse. For Brad and Angelina, this won’t be much of an issue. In fact with spousal support taxable for the recipient, it may not even be worth it for the couple to arrange taxed support that would last just one year (half of their 2 year marriage).

This doesn’t mean their divorce won’t be financially complex, however. The picture becomes more complicated when you take into account the need to protect the financial security of a sizeable family of 6. The children will need to be protected against potential future spouses and future children’s claims. We don’t know whether Brad and Angelina signed a prenup when they married in 2014, though rumors cite a cheating clause and a trust funneled towards the kids.

Disclaimer: This article does not constitute legal advice. If you have any questions about your individual situation it is best to seek the advice of an experienced family law professional.

A prenup would be an ideal way of framing a long, shared parenting partnership like Brad and Angelina’s. The couple may be independently wealthy in dollars, but their wealth in real estate is where things might get complicated, especially because some of the homes where they have raised their family may be hard to part with. As Forbes reports, their beautiful French home Chateau Miravale, which the couple purchased for 60M in 2012, was the setting for the couples’ marriage in 2014.

Dividing up money is one thing, but tangible assets like homes have more emotion attached to them. Careful agreements that honor both partners’ feelings but make prudent decisions for the family’s future will be the best way forward.

Intelligent Solutions for Complex Divorce

Mediation is a confidential, non-adversarial process that brings complex negotiations about finances into a private space where respectful and useful agreements can be made. At Boileau Conflict solutions we have a reputation as experts in financially complex divorce.

Detailed Financial Analysis: We perform extensive analysis of assets, liquidity, cash flow, and equalization options, which includes child support and spousal support. We also offer the only mediated business valuation of any mediation firm in California.

Unique Approach Combines Mathematics and Psychology: We are developing a mathematical algorithm that uses fair division, game theory, and psychoanalysis, drilling down into both conscious and unconscious preferences and needs.

Flexibility:
We provide several minor and major solution sets for each component and the deal as a whole. This gives the parties a great deal of flexibility.

If you find yourself facing a financially complex divorce that requires an intelligent strategy and thoughtful negotiation of both parties’ needs, please contact us today to see how we can help.

Sources:http://www.ibtimes.com/brad-pitt-angelina-jolie-net-worth-who-gets-money-after-divorce-2419212

http://www.divorcenet.com/resources/divorce/paternity-issues/understanding-and-calculating-alimony-c#b

http://www.forbes.com/sites/trulia/2016/09/21/when-brad-pitt-and-angelina-jolie-divorce-who-gets-the-houses/#3c12e91b1f43

http://radaronline.com/exclusives/2014/09/angelina-jolie-brad-pitt-prenuptial-agreement-custody-will-wedding-kids-children/