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 had a complicated situation wherein I had to get a divorce through publication as my husband and I had not been in contact for 5 years and I was out of the US for a few years. (it was an abusive marriage) I reside in Buffalo and I spoke with several attorneys locally but I did not feel that any of the local attorneys were able able to understand my situation. Some suggested that I locate my husband, and each one of them wanted to start by identifying and listing the assets. Unsatisfied, I started looking for attorneys in NY city, and I found Ms. Brenner through Avvo. During the consultation, she was extremely kind and understanding and agreed to take on my case. Ms. Brenner helped me get a divorce through publication and she/her team took care of everything. All I had to do was provide her with documentation. I am grateful to Ms. Brenner for helping me get out of a sticky stressful situation. I would definitely recommend her to anybody in a similar situation. Thank you, Ms. Brenner.
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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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When my daughter was sideswiped and served with a summons by her husband we called Lois Brenner. I had met Lois when she was giving a seminar on Marriage and Finances. I thought she was really smart. I never dreamt I would be calling her to help my daughter. When we went to see her she put our minds at ease. We immediately knew she was the attorney for us. She managed to negotiate a really good settlement with my son-in-law’s attorney. She was tough and always returned our phone calls and responded immediately to our emails. We even heard from her on weekends!! She was determined to keep us out of court and guided us every step of the way. She was our Angel!!! Mary B.- Mary B
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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 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.
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Connecting with Lois was the best thing that could have happened during what has been very difficult and fraught divorce. Lois took on my case with knowledge, wisdom and care that have been above and beyond in every way. She recognized abusive and unstable behavior in my ex-husband, and offered both strong legal guidance, as well as personal encouragement and strength to stand up to him. Her support has been invaluable to me, and I am so deeply grateful for everything she has done in helping forge a better more stable future for me and for my son.- SC
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“You are truly the best divorce attorney in New York!”- Christine
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Finding my way to Lois was the best thing that could have happened during my very contentious divorce. Lois took on my case with a level of care that has been above and beyond. She has been an incredible advocate for me, both legally, guiding me through this difficult process with knowledge and wisdom, and also personally, helping give me strength and support to stand up to my very aggressive ex husband. Lois is a gift, and I am so grateful to her and for the future she is helping to make possible to myself and for my son.- SC
