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 didn’t expect to find a divorce attorney as amazing as you!”- Deborah
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Lois Brenner was great to work with. She was very thorough and efficient! I would recommend Lois to anyone seeking an amicable divorce.- RW
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“You are New York’s best divorce lawyer!”- Danielle
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Lois Brenner, her colleagues, team of experts and staff are phenominal. I hired them to help me to see my son who had been taken out of state by my wife during this insane pandemic. She decided to take him to stay with family but then she sideswiped me with a divorce. I was devastated. Lois Brenner and her litigation partner fought for me and made it possible for me to see my son. They are handling my divorce now and their strength and support is getting me through a really tough time. They are smart, tough and highly experienced.
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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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I had read about Lois’ unusual divorce method in one of her blog posts. It was refreshing to see someone was working with the psychological issues in divorce. My husband is bipolar and getting him to agree to a divorce and commit to the process was tough. When we met with Lois she really understood him. She immediately identified his mental health issues, and because she has a psych background, she was empathetic to his needs and was skillful at guiding him through her divorce mediation process. It took a while but she really got us to a point where we could actually discuss things without my husband blowing up. Her method is unique and it really helped in our situation. She actually recommended a great psychiatrist who changed my husband’s meds at her urging (she has a medical degree too), and my husband is coping much better. We can’t thank her enough for her compassion and advice! If you need a divorce attorney, especially if mental illness is a part of the fabric of your marriage, go see Lois! Thanks Lois - Lorna P.
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I utilized Lois's services for divorce. She was most helpful in all aspects. First, she explored reconciliation, which was the right thing to do. Absence of that, her suggestion of what to negotiate for, how to do it without unnecessary anger & hostility to the ex & how to expedite the process was invaluable. Timewise she was excellent & sympathetic to what I was going through. She was always available & her fees were very reasonable. I would strongly recommend her as a divorce /representative attorney.
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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.
