Saturday, October 13, 2007

She did not come in through the bathroom window

From The London Times Online £50m settlement on hold as Heather haggles over the price of her silence.

A financial divorce settlement between Sir Paul McCartney and Heather Mills was in the balance last night after the couple emerged from eight hours of negotiations at a private High Court hearing. It is believed that the pair have agreed a package worth in the region of £50 million — but that the negotiations have stalled over the scope of the confidentiality clause to be included.
Yes, that is a lot of money. Does it mean that it so much different from your divorce? Only in the bigger things.

Here the problem lies in reaching an agreement. Reaching an agreement means both sides saying okay to the same thing. That can be hard enough to reach if the family's assets are only $50.00. If one or both parties are bound to disagree on any thing, there will be no agreement. Without an agreement, the judge decides the case. What the judge decides may not be acceptable to either of you. In which case you or your now former spouse may need to appeal (see my posts on Appeals under the heading "What I have written by Category" down the right hand side of this post). Consider now the costs from disagreement. Therein lies the real difference between your case and Paul McCartney - the ability to finance the litigation.

How to avoid this? First, listen to your lawyer. A lawyer with any experience can give you a good cost-benefit analysis of the case. It is then your choice on how to proceed (and not the lawyer's choice). Take serious stock of whether you are indulging merely in stubbornness. Consider what you have in hand against what you might get.

I would say that a prenuptial agreement might have prevented the whole problem. However, those agreements are more talked about than used (see my posts on Prenuptial Agreements under the heading "What I have written by Category" down the right hand side of this post).

Remember I am available for Indiana divorce cases.

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