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Family Law is About Perspective

Family law experts, Mark Baer included, have often questioned the perspective of general society thinking prenuptial agreements are wrong. Mr. Baer defines such an argument as circular, or with the evidence having no connection to the conclusion that is being drawn. Most arguments, according to Mr. Baer, are made from a willful ignorance of the facts at hand. Many lawyers and judges in family court share the perspective that the concept of marriage is in itself a "a href="/">prenuptial agreement in what is known as the "Family Code." This code is an argument heralded by Harvey A. Silberman, a family law judge for the Superior Court of Los Angeles County in California. The fact is that most marriages fall apart for financial reasons, and that most people who are divorced regret not having a frank discussion about their finances before taking the plunge. The perspective of a marriage as a merger between two businesses is also an apt analogy to use, according to Baer. Mr. Baer says that certain aspects of business that are not discussed between two parties who are looking to merge will automatically place those aspects of the relationship under the auspices of the Uniform Partnership Act or something like it. Mr. Baer encourages people to follow the evidence and look at marriage as a subsidy of the other business that it is being contracted into. Those individuals who are in need of a different perspective when it comes to their own family law case usually do not have time to rearrange their own philosophy on life. When this is impossible because of time constraints, it is usually best to rely on the advice of a professional with experience in dealing with marriages from this business perspective. People in high asset marriages should especially think about the division of assets because it can mean a change in lifestyle for one party or another.

Source: Huffingtonpost Divorce, "Everything is a matter of perspective", Mark Baer, June 03, 2013

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