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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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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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 - Beena T.
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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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- Lois M. Brenner, Esq.
"My medical and legal training allow me and my team to look beyond the surface conflict of a divorce and understand the emotional and psychological dynamics often shaping it. When you understand what is truly driving the dispute, you are better equipped to protect your family, make sound decisions, and move forward with dignity."
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“We saved thousands of dollars!”- Gloria
