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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We were looking for a mediator to help us with visitation issues we were having due to the pandemic. With all the problems we were having getting the kids back and forth, and arguing about taking trains and buses during visitations, we called Lois Brenner to help us make some decisions. She really set us straight. She spent a lot of time with us so we could get a parenting agreement together to set some rules we could both agree to. I feel a lot better now. Thank you Ms. Brenner.- Dina
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What a gem! Lois Brenner is the best out there by far... She got my husband and I right away. Listened, guided, let me cry, and never gave up on us during our mediation sessions. It was not easy but she made it possible. Even my husband liked her and agreed to mediate after we had lots of arguments. Thank you Lois. I already recommended you to my cardiologist. Have a happy, productive New Year.- Bernie A.
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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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"Like at First Sight!" We consulted Lois on the best, most cost-effective way to get divorced. First, she extended a free in-office consultation to us. It was supposed to be one hour; it was an hour and a half. She was gracious, didn’t rush us, explained thoroughly all the ins and outs of going to court, and answered thoroughly lots of our questions. She also shared lots of great information on divorce mediation, which we really knew nothing about, and now we have decided mediation will be the best route for us. We knew in the first 10 minutes that we really liked and trusted her. We are starting our mediation process with her next week. We are really looking forward to working with her. We feel strongly she is the best person for us.- Jen
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You two are really the dynamic duo! I can’t thank you both enough for the incredible job you did on my case. As a young career woman and working mother of a toddler I could not have been in better hands. You really toughened me up and guided me when I was feeling really lost. I was afraid of my husband’s clever antics but you worked hard on my case and encouraged me to fight. The settlement I received exceeded my expectations. You both listened, always returned e-mails, phone calls and even reached out to me on the weekends when I was having trouble. If anyone is going through a divorce and needs the best people to fight for you call Lois and Matt. It was the best thing I ever did. There are no words to express how grateful I am.- Tara P.
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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.
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I am a highly successful money manager and before meeting Lois Brenner, hiring a divorce attorney was a disaster. Two previous divorce attorneys really wasted my funds, and had no savvy when it came to asset and property distribution. Lois Brenner finally fixed the mess I was in. She and her team of financial experts, including attorney Matthew Ehrlich were able to prepare an asset and property distribution that was realistic, keeping in mind tax ramifications, and important distributions and allocations. They negotiated a thorough and financially sound divorce settlement. If you have a lot of assets, just any divorce attorney won’t do. You really need someone with a lot of knowledge. Lois Brenner and Matthew Ehrlich were really impressive. Thanks!!- Michael C.