Abstract
AbstractDivorce proceedings can be arduous and emotional actions when it comes time to divide unique, complex marital property. The difficulty often lies in parties’ inability to compromise on value and distribution methods which leave the court with no recourse other than liquidation. However, liquidation rarely maintains equity between parties due to inconsistent valuation techniques and procedures. This Note proposes alternative considerations for drafting prenuptial agreements and arbitration clauses which will allow parties to address and anticipate potential conflicts regarding complex assets prior to the matter arising in court. Thus, parties may be better equipped with the legal tools necessary to dispel ambiguity in the division process and, ultimately, attempt to approach equity.
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