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Attorney Andrea E. DeLaney Featured on Radio Entrepreneurs

Andrea E. DeLaney is an experienced family law attorney. Prior to joining Fields and Dennis LLP, she had her own practice, DeLaney Parker Law Offices, LLC, where she gained significant experience in the areas of family law and divorce, including child custody, child support, paternity, alimony and asset division. Her experience and compassion make her an ideal choice for dealing with sensitive family law cases. She is a member of the Massachusetts Bar Association Family Law Section, Norfolk Bar Association, North Shore Women Lawyers’ Association, and is on the membership committee of the Massachusetts Collaborative Law Council (MCLC).

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Filed Under: Divorce and Parenting, Postnup, Prenuptial

Webinar April 18th with Vicki L. Shemin and Jonathan E. Fields on Mediating Prenuptial and Postnuptial Agreements: Challenges and Opportunities

Wednesday, April 18th, 2018
12:00 PM – 1:30 PM Eastern (9:00 AM – 10:30 AM Pacific)

 

Vicki L. Shemin, J.D., LICSW and Jonathan E. Fields, J.D., will consider the unique opportunities presented to mediators when their clients are seeking a Prenuptial or Postnuptial Agreement. This webinar will offer practical advice within the context of a theoretical perspective.

Vicki L. Shemin, J.D., LICSW, ACSW, a partner at Fields and Dennis LLP in Boston, MA, is a top-rated family law attorney, mediator, collaborative lawyer and parenting coordinator with 38 years of combined clinical and family law experience. Ms. Shemin has been a guest lecturer on mediation, collaborative law, diversity, domestic violence and power imbalance issues in family law cases, post-divorce financial planning, and co-parenting topics for the American Bar Association (ABA), American Psychological Association (APA), MA Continuing Legal Education (MCLE), MA Collaborative Law Council (MCLC) and MA Council on Family Mediation (MCFM). She has also taught at Northeastern and Boston Universities.  A founding member and current board member of APFM, she is also Vice President of MCFM and board member of AFCC MA chapter.

More info: https://www.fieldsdennis.com/vicki-l-shemin

Jonathan E. Fields,
 J.D., is a founding partner of Fields Dennis & Cooper LLP in Boston and has been practicing law for more than 27 years. A fellow of the American Academy of Matrimonial Lawyers (AAML), he was recently honored by that organization’s journal for his exceptional article entitled “Forbidden Provisions in Prenuptial Agreements: Legal and Practical Considerations for the Matrimonial Lawyer.” Since 2008 he has written a regular column for the Family Law Quarterly on family law and divorce mediation.  He recently completed a two-year term as president of the MCFM and also is active with MCLC and AFCC’s MA chapter, among other organizations. He has taught and published on many aspects of family law.

More info: https://www.fieldsdennis.com/attorney-fields

Webinar Cost: Free to APFM members; $50 for others.

Register here.

Filed Under: Firm News, Postnup, Prenuptial

Prenups & postnups: the dawning of sunrise/sunset clauses

by Vicki L. Shemin (as published in the September/October Issue of Massachusetts Lawyers Journal. 

In a recent matter, an interesting dilemma arose.

The parties were negotiating the terms of their prenuptial agreement with assistance
of independent counsel. My client, the bride-to-be (“Elizabeth”), had significantly fewer assets than her fiancé (“Joe”).

During my meeting with Elizabeth, we discussed the pros and cons of a sunset clause — a provision that would render the entire prenup null and void upon the birth of the parties’ first child (or upon
the parties’ adoption of a first child). I encouraged Elizabeth to try to negotiate as many of the terms of the agreement that she felt comfortable so doing with Joe.

The next morning, after Elizabeth and Joe talked it out, the couple was in agreement that the sunset clause was totally appropriate for their life facts and circumstances.

All was well and good, until… Two days later, I received a turnaround draft of the prenup from Joe’s attorney. He had subsequently advised Joe not to include the sunset clause in the prenup. His reasoning
was this: There was no need to include the clause; if Elizabeth and Joe wanted to alter any of the terms of the prenup after the arrival of their child, they could simply amend or revoke the document at that time.

While seemingly perfectly logical on its face, this advice and approach troubled me considerably.

It occurred to me that Elizabeth and Joe would find themselves in the position of essentially negotiating a postnuptial agreement. As with a prenup, one of the most basic tenets of a postnup is that there must be absolutely no evidence of coercion, duress or undue influence.

Coercion. Duress. Undue influence. Those elements can be likened to pornography — different in the eye of the beholder, and yet, you kind of know it when you see it.

Often, when considering whether someone is truly under duress, a judge will attempt to ascertain the emotional state of mind of the spouse who feels she or he was acting out of a loss of fee will. As to coercion and undue influence, the court will look to see if one spouse was directly or tangentially instilling fear in the other to cause him or her to take a certain action. Similarly, undue influence can arise by applying steady pressure on another individual over time or imposing a stronger will
over a weaker person’s will by exploiting a relationship.

Anyone who has experienced parenthood for the first time can attest to the sheer exhaustion, fog and haze that accompanies this time of life. It is hard to imagine that a new parent could be well positioned to negotiate important contract terms while in this state of mind. The carefully considered
decisions and discussions that characterized the prenup period become in sharp contrast to the chaotic and muddled mindset with which one would have to negotiate anew the disposition of significant contract
terms involving key assets and liabilities.

In our case, Elizabeth and Joe gave the matter a great deal of thought and eventually opted for the sunset clause to remain an integral part of their postnup.

So, what is the takeaway lesson? It is clear that any sunset clauses of a prenup — that give rise to renegotiation such that they effectively devolve into a sunrise clause of a postnup — should be generally considered undesirable and approached with all due caution in the light of day.

Vicki L. Shemin, J.D., LICSW, ACSW is a family law attorney, mediator, collaborative lawyer, parenting coordinator and partner at Fields and Dennis LLP. She can be reached at (781) 489-6776, or vshemin@fieldsdennis.com.

Filed Under: Postnup, Prenuptial, Sunrise/Sunset

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Recent Posts

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The article below was written by Vicki L. Shemin, J.D., LICSW, ACSW  and published in Citybizlist on January 25, 2021 Lest you think that the proprieties and perplexities surrounding broken engagements are a modern phenomenon, we need only look back to the 15th century. It is said that in 1477, Archduke Maximillian of Austria commissioned […]

Attorney Jonathan E. Fields Quoted in Wall Street Journal

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Attorney Jonathan E. Fields was quoted in today’s Wall Street Journal Millennials Embrace Prenups—but Through a Very Different Lens Than in the Past Millennials are using prenups to address new economic and social issues—including rising student debt, social-media use and embryo ownership By Cheryl Winokur Munk Jan. 21, 2021 1:00 pm ET Millennials are often […]

Vicki L. Shemin, J.D., LICSW, ACSW receives the Avvo Clients’ Choice Award Badge for 2021

January 14, 2021

Vicki L. Shemin, J.D., LICSW, ACSW was presented with Avvo Clients’ Choice Award Badge for 2021. This award is given to attorneys whose outstanding legal services have resulted in highly satisfied clients. There’s nothing that an attorney can do to ask for a Clients’ Choice Award. Instead, Avvo makes the award based only on quality […]

Attorney Jonathan Fields Quoted in Massachusetts Lawyers Weekly

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Snap Judgments: Lawyers predict issue that will dominate legal landscape in 2021 By: Kris Olson December 31, 2020 (From Massachusetts Lawyers Weekly)  Q. Prediction time: What issue on the horizon will dominate the legal landscape in 2021?   “Five hours of time for a five-minute hearing has never seemed so wasteful. With the experience of remote hearings, will […]

Please Support Fields and Dennis LLP’s Fundraiser for K9s For Warriors

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K9s For Warriors saves both warriors and rescue dogs. The program serves our warriors with service-connected Post-traumatic Stress Disability (PTSD) traumatic brain injury (TBI) and/or military sexual trauma, which can be deadly disorders. A trained rescue dog is paired with a warrior and the two meet for two weeks of training together at one of […]

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    Recent Blogs

    • Advice On Cooperative Co-Parenting During & After An Acrimonious Divorce: It will Improve your Mental Health
    • A Diamond is Forever, But the Engagement Ring May Be Ne’er
    • Attorney Jonathan E. Fields featured in Times of London on Prenuptial Agreements and Social Media
    • Attorney Jonathan E. Fields Quoted in Wall Street Journal
    • Vicki L. Shemin, J.D., LICSW, ACSW receives the Avvo Clients’ Choice Award Badge for 2021

    Recent Firm News & Coverage

    • A Diamond is Forever, But the Engagement Ring May Be Ne’er

    • Attorney Jonathan E. Fields Quoted in Wall Street Journal

    • Vicki L. Shemin, J.D., LICSW, ACSW receives the Avvo Clients’ Choice Award Badge for 2021

    • Attorney Jonathan Fields Quoted in Massachusetts Lawyers Weekly

    • Please Support Fields and Dennis LLP’s Fundraiser for K9s For Warriors

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