December 30th, 2008 by Leeds Morelli & Brown
Leeds,Morelli & Brown: Legal Blog
On December 18, 2008, the New York Court of Appeals issued an interesting opinion regarding the impact a foreign prenuptial agreement has under New York divorce law. The principal issue before the Court was whether the parties’ foreign prenuptial agreement precludes the equitable distribution of certain property under New York law.
In Kipnis v. Kipnis, the parties were married in Paris, France in 1965. Prior to entering into marriage, the couple executed, under French Civil Code, a “Contrat de Mariage,” which provided that the couple take separate ownership of assets held in the couple’s respective names during the course of the marriage. The couple relocated to New York, where they maintained separate accounts, with the exception of two jointly-held properties. After 38 years of marriage, Mrs. Kipnis filed for divorce, seeking ancillary relief. Mr. Kipnis’ assets totaled $7 million, while the Mrs. Kipnis’ assets ranged from $700,000 to $800,000. She contends that all of the parties’ property should be subject to equitable distribution under Domestic Relations Law §265(B)(5). Read the rest of this entry »
Posted in Divorce |
December 24th, 2008 by Leeds Morelli & Brown
Leeds Morelli & Brown, Legal Blog
CNN has reported that a Saudi judge has upheld a marriage between an 8-year-old girl and a 47-year-old man. The marriage was arranged by the girl’s father to settle a debt. In dismissing the petition that was brought by the girl’s mother, the judge ruled that once the girl reaches 18 years of age she may petition the court for a divorce. Until such time, she is lawfully married to the 47-year-old man. International rights activists are speaking out against the ruling, pointing out that Saudi Arabia is a party to international agreements that oppose child marriages. To view the full article: http://www.cnn.com/2008/WORLD/meast/12/23/saudi.arabia.child.marriage/index.html Read the rest of this entry »
Posted in Divorce |
December 19th, 2008 by Leeds Morelli & Brown
Leeds Morelli & Brown: Legal Blog
CNN issued a follow-up piece on a heart wrenching story involving a bitter custody battle between a little girl’s biological parents in China, and her adoptive parents in Memphis, Tennessee. The little girl at the center of it all was Anna. After a seven year battle, last year a Tennessee Supreme Court ruled that Anna should be returned to her biological parents in China. Anna was born prematurely in Tennessee while her parents, Jack and Casey He, were on temporary work visas. Unable to care for Anna, the Hes decided to give up Anna on a temporary basis until they were back on their feet. Read the rest of this entry »
Posted in Divorce |
December 18th, 2008 by Leeds Morelli & Brown
Leeds Morelli & Brown: Legal Blog
Prominent financier Bernard L. Madoff has been accused of orchestrating what may be the largest Ponzi scheme in history. Operating under the guise of a Hedge Fund, Madoff ran a classic Ponzi scheme, which involved paying off earlier investors with money from new investors. Due to markets declining, the scheme unraveled after many investors who lost money elsewhere sought to withdraw money from their investments with Madoff. The scheme, which allegedly ran for over a decade, is estimated to be a $50 billion loss. High profile clients of Madoff include Steven Spielberg, New Jersey Senator Frank Lautenberg, real estate magnate Mortimer Zuckerman, owners of the New York Mets, a former owner of the Philadelphia Eagles and the chairman of GMAC. Read the rest of this entry »
Posted in Estate & Probate Administration |
December 10th, 2008 by Leeds Morelli & Brown
Divorce Rates Decline as the Economy Enters into a Recession
With the United States economy in a recession, many unhappy couples are forced to hold off on filing for a divorce. Although the stress of the economy may take its toll on a marriage, during these tough times couples may find themselves becoming financially dependent on each other. Two major factors in this trend are rising unemployment rates and plummeting value of homes.
News outlet MSNBC recently reported on this topic, finding that these tough economic times have left many couples wondering how they were to pay for two households, when they can barely afford to keep one marital residence. Read the rest of this entry »
Posted in Divorce |
December 5th, 2008 by Leeds Morelli & Brown
J.K. Rowling-“The Tales of Needle the Bard”
J.K. Rowling, the famous author behind the Harry Potter novels, has struck gold again with her latest book “The Tales of Beedle the Bard.” http://www.jkrowling.com/en/ . The true magic of Harry Potter has been introducing children to the joys of reading. Unfortunately, not all people have embraced J.K Rowling for her commitment to children’s literacy. Many fundamentalist religious groups have spoken out against the Harry Potter Novels because they believe that they encourage witchcraft and other practices forbidden by their religions.
Read the rest of this entry »
Posted in Discrimination |