A Marital Settlement Agreement, (MSA), is erroneously drafted by a layman Wife (W). The clause in question, Paragraph V, reads: “A current life insurance with IOF Foresters C, Universal Life Policy in the amount of $50,000.00 naming the parties as beneficiaries shall remain in force. Husband shall continue to pay premiums on policy. Error: The policy(s) in question only names the W as beneficiary to the husband’s (H) policy and there is no companion policy where the W names H as her beneficiary. H DIES. Q.1: Does this MSA clause create ‘reciprocal obligations’ leading to Impossibility of performances, (H can name and Pay W as beneficiary,. But W can’t name and Pay H as her beneficiary) Q.2: Can the party that is damaged void the entire clause in question, & thus change beneficiarie
Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.
A legal separation and a divorce are different because a separation does not end the marriage. Spouses live apart and remain married.
by attorney Jonathan Kroll
Establishing paternity is the process of determining the legal father of a child. In New York, when a child is born to unmarried parents, he or she... more