Prenuptial Agreements in New York
Why You Should Protect Your Interests Before Saying “I Do”
The reality is that one in almost two first marriages will end in divorce. For second and third marriages, the divorce rate is even higher. According to legal and financial experts, having a prenuptial agreement is often a smart financial decision. A prenuptial agreement is a contract between two soon-to-be-wed people that spells out a number of important things, such as how assets will be distributed in the event of divorce or death, and many other factors, depending on your needs.
If you fall into some of the following categories, you may want to consider a prenup:
- You have premarital assets, such as real estate or pension plans you want to keep separate
- You own all or part of a business or professional practice
- You have children and/or grandchildren you want to protect
- One of you is considerably wealthier or earns more than the other
- You anticipate that you will be receiving a sizable inheritance
- You are taking care of loved ones, such as elderly parents
- You will be making sacrifices to support your spouse’s career
- You anticipate an income increase because of a business venture
- You are pursuing a career in a potentially lucrative profession
Approaching the Subject with Your Future Spouse
So how does one begin to discuss this touchy subject? It is advisable to do it as early as possible. The mention of a prenup shouldn’t come as a surprise if you and your future spouse have been open with each other throughout the relationship. By talking it over, you can let your soon-to-be spouse know that protecting property is important. We can help you.
You can offer something in exchange for the property you wish to protect. Both individuals can cover various assets and craft ways to be fair with each other. It can be arranged so that both parties get something positive out of the agreement. Second, be honest. You have to be real about why you want the prenuptial agreement. It may very well be the best way to begin a healthy marriage.
How We Can Help
If you would like to discuss the possible advantages and logistics of creating a prenuptial agreement with a New York matrimonial lawyer, we encourage you to schedule an initial consultation with the team at Lois M. Brenner, Esq. Our firm has been serving and protecting NYC families for more than 35 years, and, unlike any other divorce attorney, Lois M. Brenner is able to draw from decades of experience and use her medical expertise in interpersonal psychology to work toward the positive outcome you desire.
To learn more about prenuptial agreements, call Lois M. Brenner, Esq. today at (646) 663-4546.
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I just wanted to take a moment to personally thank you for the wonderful job you did mediating our separation agreement and putting this document together. You not only saved us hundreds of thousands of dollars but helped avoid what would have been a disastrous future in court. I'm grateful you did not give up on us. If I ever am involved in another situation like this, and I hope I never am, I would certainly recommend your services.- J.M.
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“I didn’t expect to find a divorce attorney as amazing as you!”- Deborah
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We have Lois Brenner to thank for turning our marriage around. We hired Lois as our mediator when we were considering divorce. When we started working with her and she realized we wanted to try to keep our marriage together she suggested a postnuptial agreement to get our marriage back on track. Having the postnuptial agreement made us both accountable when it came to our issues. Having this doc in place is clearly helping us redefine our marriage in a better way. I don’t know if we will never get divorced, but for now we are respecting each others’ boundaries and are aware of the consequences if we don’t! It was really cool that Ms. Brenner suggested this method as an option. Most divorce attorneys would not have suggested a way for us to try to stay together. She is very talented and unusual in the best possible way. If we choose to take the divorce path eventually we will definitely hire her again. In the meantime we are making it work. She is amazing.- Joseph M
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High-net-worth divorce is complicated. Lois handled mine with a level of sophistication and discretion that exceeded every expectation. She protected my business and my future.- B.M.
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Everything you said about mediation was true. My husband and I really connected in a positive way working out the details of our divorce in mediation with you. The arguing was endless but we finally heard each other. You have a lot of patience. The property discussions made everything so emotional. You kept us focused and stopped us from rehashing the past. We tell everyone about you. Hopefully none of our friends will divorce but if they do we will tell them they need you.- Tom & Philip R.
