Friday, April 26, 2013

High Asset Divorce and Collaboration

Greed, trust and divorce.
How much is enough?
If you built a home together with your spouse and later divorced, you might expect to sell the home and divide the proceeds. What if you bought an exisiting home, improved it, watched it grow as an asset, and then decided to part ways? Would you trust your spouse to accurately represent its value? Would you get an appraisal?

What if your spouse forced you out of the home and then claimed the home was worth less than you thought; then your spouse worked out a secret deal to sell the home while telling you it was appraised at a certain value, inducing you to sign a Marital Settlement Agreement.

You might think this is Fraud. You might think your attorney should have done more to check on the value of the marital home. You might ask the court to throw out the settlement agreement due to fraud.

If the "Home" was the Los Angeles Dodgers, and the value asserted to you was $300 Million, and you settled your divorce for $144 Million, you might be very upset to learn the Dodgers were sold two weeks later for $2 Billion Dollars. Two Billion Dollars make a much larger pile of cash than $144 Million.

http://gma.yahoo.com/jamie-mccourt-claims-foul-pitch-131m-divorce-002230290--abc-news-celebrities.html

The McCourts Divorce has been news for a while.  Do the words Greed, Trust, Divorce, Marital Asset, of Fraud seem different in light of the story above?  The comments following it consistently fault the Wife for being "greedy" or "not doing her homework" or "not being happy with what she agreed to and received." Forget that the law indicates the "property" should be divided EQUALLY. Most observers fault her for wanting a fair share. Some comments from women are the Most appalling: "Oh come on! Take the $131 million and be happy, you old witch. I'm 59, no longer pretty, and would love a payload of $131 million for any reason. Don't get greedy. Were you the driving force behind your ex's success? I think not."

In reality, the former Mrs. McCourt was intimately involved in the Dodgers operations up until "he 'fired' her, and 'from that point forward, he completely excluded her from every aspect of management...'
Clients in Collaborative Divorce proceedings have certain luxuries that litigated cases do not afford. One feature is communication. Communication breeds trust. Trust overcomes greed. Everyone walks away much healthier, happier and overall less combative.

In a Collaborative Divorce, we work together to help you make intelligent decisions affecting your family. Many clients find Collaborative Divorce encourages more honest communications and disclosures while minimizing the costs to your family. One of the best features of a Collaborative Divorce may be keeing your private information and affairs PRIVATE. Noone has to know until you decide what to tell them.

If you would like a private consultation regarding your rights under Florida Law, please call me at (407) 645-3297, or visit my website at www.aubreylaw.com
You can also send an email to aubrey@aubreylaw.com or aubreylaw@gmail.com
Don't allow yourself to be cheated. You have certain rights under the law, but you must insist they be enforced. A

1 comment:

  1. Collaborative Divorce is indeed a good step towards amicable settlement.

    ReplyDelete

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