MARRIAGE+&+DIVORCE

[|Division of Property: Premarital Agreements]
Posted on July 16, 2010 by [|Samantha Gronewald]

It is rumored that Elin Nordegren, Tiger Woods' estranged wife, will receive close to $100 million in their divorce settlement. Other celebrity figures have also paid big bucks when their marriages have ended. For example, Michael Jordan paid his ex-wife, Juanita, an impressive $168 million to end their marriage. Their dissolution was subject to the jurisdiction of the courts in Illinois.

Sir Paul McCartney paid Heather Mills an estimated $48.7 million dollars after only four years of marriage. Their settlement was dictated by a court in Britain.

In Iowa, absent a premarital agreement to the contrary. The general goal of the court in divorce cases is to make the division of property approximately equal. Taking this into consideration, could a "celebrity" property settlement happen in Iowa? Definitely. As such, if you or your spouse have substantial assets and you do not want the law to dictate who gets what if your marriage ends, you should consider a premarital agreement. Chapter 595A of the Iowa Code controls premarital agreements in Iowa. Premarital agreements may include provisions relating to: (a) property rights and obligations of the parties; (b) rights of disposing of, managing and controlling property; (c) disposition of property upon death or divorce; (d) the making of wills, trusts, or other arrangements to carry out the provisions of the agreement; (e) disposition of life insurance death benefits; (f) choice of law; and (g) any other matter not in violation of public policy or criminal statute.

In Iowa, prenuptial agreements are generally upheld; however, there must be written disclosure of the parties' full financial picture prior to execution. In addition, to increase the legitimacy of a prenuptial agreement, it should be entered into well-before the big wedding day.

//** Do some research - **// //** 1. Who needs a "prenup"? **// //** 2. What can and can't be in a prenupital agreement? **//

[|Sample Prenuptial Agreement] #1

[|Sample Prenuptial Agreement]#2

Those petitioning for Dissolution of Marriage in Iowa must live in the state for a minimum of 1 year before filing that petition in the District Court. However, if the plaintiff is not a resident of the state, they do not have to fulfill the residency requirement.

Iowa Grounds for Divorce
As a no-fault divorce state, Iowa residents cannot file a fault-based divorce petition.

Uncontested Divorce in Iowa
An uncontested divorce means that the petitioners agree on all points of the divorce settlement. There is no summary or simplified divorce in Iowa; however, if the respondent does not answer the summons, the court may grand a Default Divorce within 90 days.

Contested Divorce in Iowa
Even though there are no fault-based divorce procedures in Iowa, if the elements of the divorce are being contested, the process is much longer and more complex. In those situations it is generally necessary for the parties to retain divorce attorneys to represent them.

Annulment in Iowa
In Iowa, annulment is called the termination of an illegal marriage. In order to obtain an annulment, the plaintiff must be able to prove one of the following grounds:
 * Fraud
 * Incest
 * Mental incapacitation which is beyond cure
 * Physical disability that adversely affects the marriage
 * Underage marriage, in which one party is under 18 and does not have parental consent

No Fault Divorce in Iowa
The only grounds for divorce in Iowa is that the marriage has been broken to the degree that the basic elements of the relationship have been destroyed and there is no hope of restoration.


 * //Research:// **
 * //In Iowa, how old does a child have to be to be able to have input on visitation?// **


 * [|Emancipation]**
 * //Using the website link, answer the following question.// **
 * //The child requesting emancipation must meet several requirements and assume several responsibilities. What are these requirements and responsibilities?// **

**__ Thursday, April 4: __**
Let's take a look at: [|State of Iowa Marriage Instructions]

[|Marriage License Application]

[|Performing Marriages in the State of Iowa]

[|Same sex marriage in Iowa] -- When? -- How?

__//** Assignment: **//__ Read about Common-Law Marriages in the state of Iowa. Answer the following questions.Share with jgrams@hlv.k12.ia.us


 * // 1. Does the state of Iowa recognize common-law marriage? Do most states recognize common-law marriage? //**
 * // 2. In Iowa, what "rights' does a couple married by common law have? //**
 * // 3. Identify and explain the three elements a couple married by common law must prove. //**
 * // 4. If a couple live together for at least 7 years are they considered "married by common law"? //**

We will continue our studies. . . Click **Here** to continue