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Pre-nuptial agreements good idea, lawyers say
Hes seen some of the best go separate ways. Hes helped many of the most powerful make sure the kind of life theyve become accustomed to wont slip away. Hes Raoul Felder, maybe this countrys best known divorce attorney. Frequently its the woman he represents (as in the female sides of Mike Tyson, Anthony Quinn and Mick Jagger).
Sometimes, its high profile husbands, as in Larry Fortensky versus Elizabeth Taylor, and most currently, New York Mayor Rudolph Giuliani versus Donna Hanover. In Felders world, its up to him to try to make love-gone-sour taste sweet nonetheless. Given more than 30 years of sorting out the ways of fractured love and $500-per-hour fees, Felder has a unique view of what makes good marriages work (he and his own wife, attorney Myrna Felder, have been married for 39 years). And though he resists talking about his own life, hes a staunch believer in two things for anyone going into marriage: One, get a pre-nuptial agreement, regardless of your economic level. And two, try to maintain a mutually agreed view of what consititutes love, commitment and shared goals. Every partnership is unique, says Felder, and whether its a 60-40 or 90-10 partnership, he says its still a partnership. Rarely is it 50-50; its how the two individuals operate together which determines dynamics, harmonious or otherwise, he says. Felder has been called a publicity hound, and a look at his office wont contradict that impression. His firms entrance on the 30th floor at a trendy Madison Avenue address has signage for fictional detectives Philip Marlowe and Sam Spade hugging the front door. Down the hall is the attorneys private office, a large baronial space complete with faux fireplace, works by Picasso and Groz, wing chairs, a sofa, memorabilia from ceramic monkeys to tin soldiers and a needlepoint pillow stitched with a slogan, It aint easy being king. A natty dresser with hundreds of pairs of velvet slippers, Dunhill suits and custom-made shirts, Felder spends an hour delivering deadpan assessments of the state of divorce (cracking 50 percent of all marriages, according to some statistics, with a quadruple increase between 1970 and 1996) and what it might take to avoid it. He sounds like his buddy Jackie Mason, the comedian, but hes dead serious about the pitfalls of love hes battled in splitups. Unsurprisingly, Felder urges a pre-nup, for everybody, not just the rich and powerful. Since serenity and well as money is at stake, retain two lawyers. If theres just one lawyer, you can say hes not protecting my interest, and you want to avoid that, he says. You have to err on the side of making sure the thing is going to stand up, then worry about the delicate interpersonal dynamics later. Ive had many cases over the years where the marriage never took place because of the pre-nuptial, he says, explaining that the pre-nup is a great way to find out what you might not have seen in the other person until the discussion of money went to paper. When it comes to love which is after all the reason most people say theyre joining its smart if the future husband and wife are on the same page there, too. I dont know what love is. It may be what you do in the back seat of cars when youre 17 years old. It may be looking for Dulcinea in Don Quixote. There are all kinds of love. Who knows? What is successful for one is not successful for another. Should marriage be forever? Felder will say only that the idea of divorce wasnt fashionable back in the early 1960s when he married. And certainly, if you go back one generation. My parents in the last years of their marriage they lived in a hotel. My mother was in one room, and my father was in another room. That described many marriages in those days. You just didnt get divorced. Nonetheless, he believes commitment is important in a marriage, but not easy to come by in a world that no longer values loyalty. There are subtle signs of is absence, he says. I think the lack of commitment starts in humble things. Like TV. You have a clicker, and you see the president, you dont like him, click. A ballgame you dont like, click, click, click. These simple things resonate in your life. Today people walk out of movies they dont like, and theres no sense of loyalty in business anymore in America. Generally in life, you cant fight some monstrous lack of morality in people. Its better to recognize it and move on. Otherwise you tilt at windmills your whole life. For me, if you have a core belief, you adhere to that core belief. But Im old-fashioned. I go down shooting. If I believe in a case, if I dislike somebody, if Im consistent with the dislike and theres a sensible reason, I dont care if I go down for it. To build relationships, its good to encourage your partners individuality and interests, he says. Too much togetherness is not necessarily a good thing. Its like geometry, an angle. You start out with the lines very close to each other, but as you extend it into space, it goes out. I think marriage is like this, too. You want (your partner) to absorb new experiences, so new aspects of character and personality emerge. Arguments happen, but argue creatively to find a common goal in the marriage, he says. Theres one argument, a veiled, I hate you, I hate you. Then its like Rommel and General Montgomery in the desert. They just pick a piece of sand theyre going to fight over. Thats just an exercise in hostility. The other thing is you could argue over some intelligent decision. Where is the child going to to to college? I believe in this, you believe in that. This is what should be going on, but much of the time its not. If the relationship is no longer working, let it go, he says. I think, looking back on life, if things dont work out, you move on. I think people should learn in relationships that dont work out, theres no pejorative aspect. You move on. And they do it today. Unfortunately, they do it too much, but they do it. So what of the marriage that should last forever? Well, the Thousand Year Reich lasted 12 years, so whats forever? Its a terrible thought, to commit yourself to anything forever, even if it feels good. I wouldnt want to be Cindy Crawford forever. Who wants to do that? Theres a test Felder recommends to clients who are considering ending a marriage. A woman will come in and say, You know, I dont know whether to leave or not leave. Hes not a bad person. Its very simple. I ask her, When he does on a trip, do you feel better? Or do you feel worse? Some women will look up and say, I feel like a load off my shoulders when hes gone. Or others will say, I feel like a lost sparrow when hes gone. So life gets reduced to very simple terms.
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