Broaching the Subject of a Prenup

Marriage in New York State subjects the parties to a set of financial rules and realities.  Real estate, business interests, pensions and other assets become part of the economic partnership called marriage.  Many people planning a marriage wish to place certain assets outside the designation of “joint assets.”  This can be done in a pre-nup by defining and excluding certain items from the joint asset mix.  Pensions and business interests are two such assets.

            A pre-nup is a contract between two people who are about to marry.  By defining in advance which assets belong to which party, a future divorce will be bound by the terms of the pre-nup contract.  Many clients who ask about pre-nups are marrying for the second or third time, and are veterans of the divorce wars.  In such cases, the presence of children by a previous marriage is an important consideration.  Do you want your new spouse to obtain much of these assets by way of divorce?

            Broaching the subject of a pre-nup with a fiancé is a delicate matter requiring some tact.  Nevertheless, a pre-nuptial agreement is a useful, effective tool in the field of financial planning.  The amount and duration of maintenance can be resolve by way a pre-nup also.

            At one time, pre-nuptial agreements were thought to be reserved for use by wealthy persons only.  That is no longer true. A pension over the life of a marriage may grow by hundreds of thousands of dollars.  Businesses grow and real estate can appreciate substantially.  You can control the evaluation and distribution of these assets (and more) with a pre-nup.

            Prenuptial agreements, if done correctly, will be upheld by New York Courts.  In order to have your pre-nup done correctly, seek the guidance of an experienced family law attorney.  Contact the family law firm of Mangi & Graham, LLP.  They have extensive experience in preparing, negotiating and litigating pre-nup contracts.  For additional information, call (516) 294-1949 to make an appointment for a free consultation.

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