Posts

, ,

Pliability.

Pliability.
/ˌplīəˈbilədē/
noun: the quality of being easily bent; flexibility.
– Google Dictionary

If you live in New England, the word “pliability” may trigger thoughts about Tom Brady and Alex Guerrero. Arguably, Brady has been able to play into his 40’s and gain legendary status because of his commitment to pliability. 

Pliability is a must for the family of all professional athletes and coaches. Like having someone enlisted in the military, it is a full family commitment to crazy, constantly moving schedules.

Brady is not unique in that his family is blended; he has a child from a previous relationship and two children with his wife. What would happen if the mother of his oldest son wasn’t pliable?

No Super Bowl or parade for the kid even though his dad is the GOAT. Without knowing any of the parties or the specifics of their parenting agreement, it is unlikely that Brady always has visitation on the first Sunday of every February or the following week reserved so his son can ride in a parade (though it might be smart to do so).  Without some pliability by his mom,  the poor kid would miss these extraordinary, once (or six times) in a lifetime, experiences. While we realize that Brady’s specific concerns are not typical, they actually are pretty common.

Take the fairly typical “overnights every other weekend and dinner once or twice during the week” scenario. What if there is a big family event that the child would miss because it’s not the “right”  weekend for the parent?  What if Mom or Dad travel for work?  What if one of the parents or the child(ren) are sick? Ideally, both parents are pliable and do what is best for the child(ren).

Co-parenting can be bit trickier if the parents live far apart from one another. Typical visits are longer in duration, but less frequent. For some parents, it means commuting back and forth to where their child lives. In this scenario, the local parent should really be pliable if the parent shows up late, arrives early or needs to reschedule due to weather. 

Simply put, there is no “one size fits all” for co-parenting schedules and life happens. When developing a plan, the parents  should consider the needs, preferences and best interest of the child.  They should also be (wait for it) PLIABLE.

As always, please let us know if we can help you with developing a parenting agreement that works for you or any other legal matter.

/by
, , ,

Five Rings.

We are going on a limb with this one: Tom Brady and Gisele Bundchen likely have a prenuptial agreement. We haven’t seen it, but hopefully, he made provisions for him to retain all of his Super Bowl rings and his MVP trophies if their marriage ends.

 

If at the time of the marriage, Brady disclosed that he owns three Super Bowl rings and a couple of trophies, but didn’t make provisions for the future? In that case, his wife may have a claim for rings and trophies for the fourth and fifth as marital assets. OUCH (especially for number five).

 

We love prenuptials for average couples because they create an opportunity for them to have uncomfortable conversations about their priorities and financial future. Have you been married before? Do you have children? Do you have some savings or a home? If the answer to any of those questions is “yes,” then a prenuptial is an important legal protection for you.

 

Protections typically include division of property, alimony, debt, life insurance, health insurance, and what financial support children from a prior relationship might get during the marriage or when the parent dies. In order for a prenuptial to be valid, the following conditions must be met:

  •          Both parties must make full disclosure of all assets and liabilities;
  •          The agreement must be fair and reasonable at the time entered into by the parties;
  •          Both parties must be represented by counsel;
  •          Both parties must sign the document prior to the wedding;
  •          Both parties must sign the document of their own free will;
  •          Both parties must have the capacity or ability to sign the document; and
  •          The agreement must also be fair and reasonable at the time of divorce.

 

Given the second look at the time of divorce, it would be unlikely that our GOAT would lose his fourth and fifth rings if they were not protected in a prenuptial. That would just be unfair and unreasonable, wouldn’t it?

 

On to SIX!

/by