What Should You Include in a Prenup?
Hoover Kacyon
September 7, 2021

While a prenup may not be the most romantic topic of discussion, a marriage is a legal contract between two people; and it is important to be sure you are protected when you enter into any legally binding agreement. A prenup should be viewed in the same light as a will or any other asset planning tool, in that it is simply a way to help plan for your financial future. 


Once we move past our preconceived ideas about what a prenuptial agreement is or represents, we can objectively consider what it should address. Some things you may want to be sure to address in a prenuptial agreement include: 


  • Premarital assets and debts: Assets and debts that each individual acquired prior to entering into marriage. These acquisitions might include vehicles or other property and debt such as credit cards or student loans. 
  • Children from a previous relationship: You may want to be sure there is a plan laid out for how to provide for those children or how to convey any inheritances if you and your current spouse are no longer married. 
  • Marital assets and debts: This is important especially if you intend to incur certain assets or debts but keep them separately. 
  • Marital responsibilities: These are not things such as chores, but the expectations from each other from a financial standpoint. 
  • Career Life: You can describe what the expectations are with regard to work and income in addition to the expectations if certain scenarios arise during the course of your marriage. 
  • Family property: Make sure to address items such as heirlooms should, especially if the assumption is that the other party will return any family property upon disillusionment of the marriage. 
  • Property division in the event of a divorce: This part of the agreement is essential, especially if there is a business involved. 


It is important to discuss a premarital agreement as a way to protect both parties. Once a marriage has entered into a separation or divorce phase, emotions are elevated, and often times it is difficult to view things objectively. Hashing out the details of a prenup before finding yourself in the midst of an emotional swamp could save many headaches and frustrations in the long run. 


If you are interested in learning more about prenuptial agreements or would like to discuss your rights regarding marriage and divorce, please call our Akron attorneys to make an appointment. If you need to retain an attorney immediately, as there are court-required deadlines to meet, call us at 330-922-4491 or contact us online to schedule you for an initial consultation.


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Once you receive the terms of your divorce decree, you may not like everything you read. Should that be the case, you have options. Appeal or Object If a magistrate issued the decree, you need to file an objection before you can appeal. You have 14 days to file an objection. If a judge issued the decree, you have the right to file an appeal or a motion for relief from the judgment. You have 30 days to file your appeal. Follow Detailed Procedure When you appeal or object to a divorce decree, you must adhere to the specifics for either option. With an objection, you need to write it with detailed accounts of what you believe to be errors in the decision. You also need to include the trial transcript. The court can adopt, reject, or modify the decision without a hearing based on your objections. An appeal needs to follow appellate court rules. Each appellate court has its own rules to “perfect” an appeal, which you must strictly follow so your appeal doesn’t get dismissed. The appeal needs to have the decree attached, a docketing statement, a written order asking the clerk to provide the trial record (referred to as a “praecipe”), and a notice about praecipe in place. You must pay the filing fee when you file the documents. The court will issue a notice with deadlines to submit appellate briefs. These briefs should contain your side of the facts and arguments about what you think should be reversed. Your ex-spouse will have the same opportunity. Then, you both may present your arguments to a panel of three appellate judges. Other Options Even after the appeals process ends, the court may change its decision in response to your “motion for relief from judgment.” You may file this motion if: A mutual mistake to a fact in the case happens by both parties, your rights are affected by not paying careful attention to the divorce proceeding, unexpected and unpredictable surprise occurs that you could not have protected yourself against, or excusable neglect under the situation New evidence emerges that wouldn’t have come to light in time for a new trial Other party’s misrepresentation, fraud, or misconduct Any other reason justifying a decision change You must file your motion within a reasonable time, but only up to a year post-decision filing date. There’s no time limit if the reason is “any other reason” that justifies changing the decision. If you want to legally terminate your marriage or seek advice regarding your rights, we encourage you to contact our Akron, Cuyahoga Falls, or Fairlawn divorce attorneys at Hoover Kacyon, LLC. They are ready to assist you in scheduling an appointment to discuss the possibility of divorce (or terms of your divorce decree) and what it will entail. If you have been served with divorce papers by your spouse, acting promptly and securing legal representation is crucial. You must meet specific court-mandated deadlines, and by contacting us at 330-922-4491 or reaching out to us online, we can swiftly arrange an initial consultation for you.
By Hoover Kacyon January 17, 2024
When you’re in the depths of grief, bills are the last item you want to think about. Yet, those bills will come anyway and must be addressed sooner rather than later. Preparing so you know what to expect can alleviate some of the stress. Responsible Party for Bills For anyone who passes, the “estate” is responsible for any outstanding bills. If a will exists, the executor should collect property to pay debts and distribute any remaining balance to the will's beneficiaries. Ohio law states that the court will appoint an administrator to collect, pay debts, and distribute the remainder if no will is in place. This administrator is usually a family member. The administrator or executor representative will likely take care of funeral and burial arrangements. Ohio law does allow a special representative to be authorized through a document to handle the funds for the funeral and make arrangements if desired. Estate Dries Up If debts exceed assets, the representative can request the court to deem the estate insolvent. Creditors must reach out to the representative within six months of the death. A court hearing following that period will help the representative decide how to pay the debts accordingly. The debts will be allocated by class for the order of priority on who gets paid in full and the amount each other will receive. Once organized and paid, receipts will be submitted to the court, and the estate will be closed when the court approves everything. Other Important Information If no one wishes to act as a representative, a creditor may request the probate court to appoint them, or the court may choose an independent attorney or someone willing to serve. Most non-probate property is only subject to creditors’ claims if offered as security for a loan. The deceased’s spouse may be responsible for any joint debt like credit cards and if anyone provided necessities to be paid back like food, shelter, or health costs. How Can I Prepare for My Future Costs? To ensure your family is taken care of upon your death, you can buy a pre-need burial contract to cover your funeral and burial costs. Set aside enough money to pay off your debts, and purchase life insurance now at a reasonable amount. If bill payment is a concern, the policy beneficiary should be your estate. Those funds are only obligated to be used for bill payment if the beneficiary will be your estate representative or you have made arrangements with the beneficiary to pay your debts with the insurance money. The experienced estate planning attorneys at Hoover Kacyon LLC are ready to help you plan for the future. Our will and trust lawyers can help you by drafting the estate planning documents you need to ensure that your property and assets are transferred to the people you desire and that your bills are properly tended to when you are no longer here to do so yourself. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon September 14, 2023
Divorce disrupts your life in many ways. When you’ve been married many years, transitioning to a single-income household can deplete your savings, too. Being close to retirement means you must take steps to avoid making your life harder in the case of a dissolving union. Assets Inventory One partner is usually more versed in the finances than the other. Make sure you have a good understanding of bank accounts, retirement accounts, investments, life insurance, and any other assets you hold. Keeping House Keeping your home may seem less disruptive, but consider all the angles first. You need to be able to cover the mortgage costs plus maintenance on the property. Know Debts Getting a credit report can help you discover any joint payment responsibilities you may be liable for half of when you split. The report ensures you have each one accounted for without surprises during the divorce. Tax Consequences Remember that every decision you make during divorce proceedings has tax implications. Having that in the forefront of your mind will help dictate your decisions. Health Insurance If you’re on your soon-to-be ex’s health insurance, look into your options now. Another cost to ensure you can cover for yourself. Through an employer, COBRA for up to 36 months, or the Affordable Care Act, put that on your list to ensure you handle it. Retirement Funds Placing your portion of a retirement fund into an IRA is subject to 10% tax. Establishing a QDRO (qualified domestic relation order) can help that process, allowing a one-time withdrawal without the standard tax. Supporting Others Others often rely on you, whether friends, grown children, or other family members. Watch your income and protect your future as a priority so you know when you have the means to help others. Hiding Assets The temptation to hide assets so it looks like you have less than you do may be high, but the legal troubles this could cause would not be worth the attempt. The settlement for your spouse could increase in assets, you could receive a contempt-of-court ruling, or you could face perjury or fraud charges. Underestimating Expenses You may need to create or adjust your budget now that you will no longer have two incomes to pay your bills. Factor all that in so you don’t find yourself in a bind when payments are due. Divorce Advisors The cost of the advisors comes from the settlement you receive, so bear that in mind. Stay on top of what they are spending for you so you aren’t taken by surprise as they charge by the hour each time you consult their expertise. Future Pension Any part of a pension earned during a marriage is part of the assets. You can receive a share of future benefits, present or offset value, and any combination of those two may be factored into the divorce. Professional Team The minimum you should have is a divorce lawyer, but you are entitled to an entire team of professionals to help you through your dissolution. Check credentials and do your due diligence before hiring anyone so you have the highest quality of service possible. Hiring a law firm familiar with divorce proceedings and splitting of property will significantly impact how you are protected. No matter how complicated or complex your divorce might be, the Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to answer your questions and help you through the process. We deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
By Hoover Kacyon September 13, 2023
When you believe a judge has made a mistake in a case, you would ask a higher court for an appeal where the higher court judge reviews the judgment. You have an appellant (litigant who filed the appeal) and an appellee (litigant the appeal is filed against). The “record” is reviewed by the higher court to see if the lower court judge made a mistake that needs to be corrected. Other terms for the higher court include: court of appeals appellate court supreme court Important Reminders: Your case must have a final ruling for an appeal to be filed. As an exception during an ongoing court case, an “ interlocutory appeal ” may be filed to appeal the judge’s decision on an issue. While you wait for the appeal process, the court order still goes into effect and must be followed unless a “stay” is granted with a filed Motion to Stay. New evidence is not allowed for submission with an appeal to a higher court. Whatever evidence, documents, or transcripts are available from the trial court are what the higher court will review. What to Consider: Time: Appeals can take up to a year to complete. Expense: Not only will you need to pay for an expensive appellate attorney, but you’ll also have added costs of the filing fee and paying for the pricey written transcripts, which most states will not waive the fee on. Outcome : Winning an appeal is quite challenging. You may face the same trial judge, and even if you are granted an appeal, the judge may still rule in favor of the other party during relitigation. Toll: With a lengthy process, if the other party is your abuser, you may be drawing out the dispute or angering them further, putting your safety and emotional state in jeopardy. Whether you're facing a contentious legal dispute that demands litigation or requires skilled representation in an appellate matter, our attorneys are well-equipped to provide you with the strategic guidance and vigorous advocacy needed to protect your interests. Trust Hoover Kacyon, LLC, to be your trusted partner in legal matters, delivering results through our unwavering dedication, vast experience, and proven track record in litigation and appeals. The Akron and Cuyahoga Falls Hoover Kaycon, LLC Attorneys at Law are here to assist you with criminal defense cases. If you need assistance, know that we deliver the highest quality legal representation from a team of professionals while also providing excellent customer service. Call us at 330-922-4491 or contact us online to make an appointment.
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