April 2011

Volume 1, Issue 2

McBrayer Family Law Banner
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About the Author   

Brittany Blackburn Koch, Esq., is an associate attorney practicing in the Lexington office of McBrayer, McGinnis, Leslie & Kirkland, PLLC. She is a native of Pikeville, Kentucky, and a graduate of Centre College and the University of Kentucky College of Law. Ms. Koch's practice focuses primarily on family law, employment law, criminal law and civil litigation. Ms. Koch has served in numerous public service roles, including representation for Fayette County Bar Association Domestic Violence Pro Bono Advocacy Program. She is actively involved in various organizations and committees, including the Board of Directors for Court Appointed Special Advocates (CASA), Young Professional Committee of Lexington Public Library Foundation, Fayette County and Kentucky Bar Associations, and Centre College Alumni Association. 

  
Ms. Koch may be reach at
(859) 231-8780, ext. 300, or at bkoch@mmlk.com  

 

 

Even though the content in the McBrayer, McGinnis, Leslie & Kirkland, PLLC newsletter is primarily informative, state and federal law obligates us to inform you that THIS IS AN ADVERTISEMENT. You have received this advisory because you are a client or friend of the firm.

   

Copyright 2011 McBrayer, McGinnis, Leslie & Kirkland, PLLC. All Rights Reserved.

 

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Greenup Office

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Greenup, KY 41144

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Government Solutions Offices

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Frankfort, KY 40601

(502) 875-1176

 

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Washington, D.C. 20005-3131

(202) 585-6347

Tying the (Legal) Knot:

The Role of Prenuptial and Postnuptial Agreements for Professional Men and Women

  
Brittany Koch
Brittany B. Koch Attorney
Authored by: Brittany Blackburn Koch  

Recent celebrity marriages - and divorces- have propelled the issue of prenuptial agreements to the forefront of news coverage and, consequently, many couples' wedding planning. Once seemingly limited to the rich and famous, the advantages of a prenuptial agreement can benefit individuals from all walks of life, and are particularly worthwhile for professional men and women.
  
The American Academy of Matrimonial Lawyers reports that 74% of family law attorneys noted an increase in requests for prenuptial agreements since 2006; and more than half of these attorneys noted an increase in female requests for a prenuptial agreement.

Prenuptial agreements, often referred to as "prenups," permit individuals to contract for the division of specific assets and property in the event of divorce and upon death. Prenuptial agreements can also provide, or prohibit, a specific amount of maintenance (sometimes referred to as alimony) awarded to a spouse. Fortunately, the substantial benefits of a prenuptial agreement are not lost to individuals who neglected to execute an agreement prior to marriage. During their marriage, a couple may execute a similar type of contract, called a postnuptial agreement, in which they can contract for the division of property and maintenance awards in the event of divorce. 

Prenuptial and postnuptial agreements do not necessarily indicate that a party expects to divorce in the future. Instead, a prenuptial or postnuptial agreement simply demonstrates the parties' agreement to make responsible choices to ensure the protection of their property and assets if a need for the enforcement of such an agreement should ever arise. As one might expect, parties are typically more cooperative, and ultimately more reasonable, in constructing the terms of an agreement without the incredible stress of an impending divorce. Additionally, the execution of a prenuptial or postnuptial agreement can greatly reduce costly litigation during a divorce proceeding later.

In the absence of a prenuptial or postnuptial agreement, divorcing parties are left with two options. First, the parties may attempt to reach a settlement agreement. However, the understandably emotional state of one or both parties going through a divorce may substantially hinder their ability to reach a reasonable resolution. Second, the parties can surrender to the divorce court to determine their rights...including the division of property and issues relating to maintenance. These alternatives typically result in protracted, stressful and expensive litigation that can be avoided with an enforceable agreement. (READ FULL ARTICLE)    
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About Us

 

MCBRAYER, MCGINNIS, LESLIE & KIRKLAND, PLLC is a general practice law firm with offices in Lexington, Louisville, Frankfort, and Greenup, Kentucky with 45 highly experienced attorneys offering full legal services. At McBrayer, we have been meeting and exceeding the legal needs of our clients since 1963 and are proud members of the State Capital Law Firm Group.  For more information about our attorneys, our offices and our areas of practice, please visit us at www.mmlk.com.

  
 MML&K GOVERNMENT SOLUTIONS is the government relations practice area of McBrayer, McGinnis, Leslie & Kirkland, PLLC law firm. Based in Frankfort, Kentucky, MML&K employs the diverse backgrounds and talents of 10 government relations professionals who advocate on behalf of its clients. MML&K provides full-service lobbying at the local, state, multi-state and federal levels to a number of the state's most respected associations, as well as over one dozen clients on the Fortune 500 list - many of which have stayed with the firm for a decade or more. To learn more about MML&K Government Solutions please visit www.mmlkgov.com.

Firm News and Events  

ANNOUNCEMENTS

 

James H. Frazier, III., Managing Member of the firm, was recently appointed by Lexington Vice Mayor Linda Gorton to the 2011 Redistricting Committee. Vice Mayor Gorton appointed a committee to examine the 2011 United States Census numbers for Fayette County and recommend new Council District boundary lines based on the new population. The committee will start its work in May and the entire process should be completed no later than early November, 2011. The Redistricting Committee will make final recommendations to the full Urban County Council when its work is completed.  

 

W. Brent Rice, Partner in our Lexington office, was recently appointed by Lexington Mayor Jim Gray as Chairman of the Arena, Arts and Entertainment Task Force. Mr. Rice was appointed along with 40-plus others to the member task force to study the options for Rupp Arena, the convention space, the Lexington Center and the Lexington Opera House.

 

Stephen G. Amato, Partner in our Lexington office, and T. Bruce Simpson, Jr., Member in our Lexington office, have been selected for inclusion on the 2011 Kentucky Super Lawyers® list. The selection process is based on a statewide nomination process, review of resumes and peer evaluation by practice area. Mr. Amato was selected for inclusion in the practice area of Civil Litigation Defense. He has been nominated and identified in Kentucky Super Lawyers® for five consecutive years, 2007, 2008, 2009, 2010 and 2011. Mr. Simpson was selected for inclusion in the practice area of Land Use/Zoning. He has been nominated and identified in Kentucky Super Lawyers® for two consecutive years, 2010 and 2011.

 

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MML&K's Government Relations Team in Frankfort, KY had an enormously successful 2011 Regular and Special Session of the Legislature. Although it was a short, 30-day session, our Frankfort team was successful in passing 11 bills on behalf of MML&K clients - that's more than 10 percent of the total number of bills passed in Kentucky this year. That's an amazing feat when you consider there were more than 650 bills filed and about 650 employers of lobbyists in Kentucky. Specifically, MML&K's Government Relations group passed legislation that expands the tax increment financing laws to pave the way for a $190 million Oak Grove Village development near Fort Campbell; passed an incentives-based wellness program on behalf of Humana; strengthened our copper theft laws for AT&T; required a financial audit and study of our 911 centers for T-mobile & AT&T; passed procedures for hiring school principals on behalf of the Kentucky Schools Boards Association; passed important campaign finance legislation for local school board elections; passed needed amendments to the thoroughbred horse racing interstate compact bill; passed legislation allowing for university doctoral programs on behalf of Morehead State and Kentucky State universities; and added Hospice as a member of the Medicaid Technical Advisory Panel. Meanwhile, some of the Frankfort team's most effective work was in defeating unwanted legislation, in which our team effectively worked to kill more than 20 bills that would have over-regulated or provided undue burden on our clients relating to third party tax purchasers, pharmaceutical clients, energy clients, air lines, health care benefits and school boards. MML&K continues to have the leading Government Relations group in Kentucky.  Congratulations Sean Cutter, Chris Nolan, Mary Ellen Wiederwohl, Jason Bentley, Charles Lambert, James Higdon, Brandy Cantor, Lora Sewell, and Marie Fowler!

 

MML&K Government Solutions has opened a office in Washington, D.C., and formed a strategic alliance with mCapitol Management, a bipartisan government relations and business development firm that has an office in Washington as well as a strong presence in the Midwest. MML&K Government Solutions currently operates government affairs in Frankfort, Louisville and Lexington, Kentucky.

 

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PUBLICATIONS

 

Lisa English Hinkle, Partner in our Lexington office, and Molly Nicol Lewis, Associate in our Lexington office, authored an article in M.D. Update, March 2011 entitled Physician Certification Rules Change for Home Health and Hospice. To read the full article please click here.

 

Benjamin M. Fiechter, Associate in our Lexington office, and Lisa English Hinkle, Partner in our Lexington office, authored an article in Kentuckydoc, Feb-March 2011, Volume 2, Issue 6 entitled Preparing for 2011: Recent PPACA Developments and Newly Effective Provisions. To read the full article please click here.

 

Molly Nicol Lewis, Associate in our Lexington office, and Lisa English Hinkle, Partner in our Lexington office, authored an article in Medical News, March 2011 entitled Avoiding Delays: Tips for prescribing in the long-term care setting. To read the full article please click here.

 

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SEMINARS

 

Jaron P. Blandford, Partner in our Lexington office, will be participating in a panel discussion on Practicing Civil Cases at the Federal Practice Seminar on May 4, 2011 presented by the Kentucky Chapter of the Federal Bar Association.  

 

Joshua J. Markham, Associate in our Lexington office, will be presenting Real Estate Closings 101 at the Kentucky Bar Association 2011 Convention on Thursday, June 16, 2011 at the Lexington Convention Center.

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SPONSORSHIPS

 

Martinis on the Lawn ad

McBrayer, McGinnis, Leslie & Kirkland, PLLC is pleased to announce the sponsorship of the second annual Martinis on the Lawn hosted by Keeneland in conjunction with the 137th running of the Kentucky Oaks. Martinis on the Lawn, a cocktail party on the picturesque Keeneland Clubhouse Lawn, will be held Friday, May 6, 2011 from 3:30-7:30 p.m. Guests will enjoy live music, passed hors d'oeuvres and Grey Goose Signature Martinis, all while viewing Kentucky Oaks action live from Churchill Downs from the infield tote board. We are pleased to sponsor this event and be apart of Keeneland's 75th Anniversary!

 

John Marshall Harlan Lecture Series 

McBrayer, McGinnis, Leslie & Kirkland, PLLC is pleased to announce the sponsorship of The John Marshall Harlan Lecture Series at Transylvania University. Transylvania University President R. Owen Williams announced the series will launch in the fall of 2011 and is scheduled to include nationally renowned speakers focusing on law related subjects.  

 

"We created this lecture series to bring to campus highly esteemed legal figures of national or international prominence who have distinguished themselves in constitutional law or history," said Williams. "We are delighted to have William Wiecek and Akhil Reed Amar as our first two speakers."

 

William Wiecek, legal and constitutional historian and professor of public law and legislation at Syracuse University, will give the inaugural Harlan Lecture on September 28, followed by a spring 2012 lecture presented by Akhil Reed Amar, professor of law and political science at Yale University.

 

"We are very grateful to our friends at McBrayer, McGinnis, Leslie & Kirkland, PLLC," said Williams. "Their generosity reaches far beyond the Transylvania campus. Many people in the Lexington community and surrounding areas will be interested in hearing some of the country's brightest constitutional law historians, authors and scholars."

 

All lectures will be free and open to the public.