Uncomfortable Topic But Be Realistic And Get It Right- That’s Why We’re Here
Unlike many firms, we do not use cookie-cutter prenups that you can find online for pennies and then resell them to clients for thousands. We also do not prepare bare-bones 5-6 page prenuptial agreements because those do not sufficiently protect people due to New York’s vast and complex legal requirements. We draft all the prenups with an eye towards how a judge would review it to help enure any judge will approve it.
Depending on your needs, most of our prenups are 25-45 pages long, and can cover almost every possible divorce issue (except child support) – not just those you currently face, but also what you may face in the future, such as inheritance, retirement, current and future business ventures and the change of circumstance that occurs from moving, changing jobs or birthing children.
Our prenups will reflect your specific circumstances: spousal support or division assets can depend on many factors, for example: the duration of your marriage before the divorce, whether you have children, and sacrifices you made. We can draft your agreement to keep everything separate, or we can select it to share some of your assets.
We will carefully explain the law to you until it is clear to you what your needs are.
What are prenuptial agreements?
Prenuptial Agreements are contracts entered by couples before marriage. A well-drafted prenup sets the rules by which a married couple follows should they separate or divorce. These rules pertain only to distribution of finances, such as property and future earnings should the marriage does not work out, but it does not pertain at all to the children.
When are prenuptial agreements considered valid?
You must follow certain rules to ensure your prenup is valid. Such as:
Secure separate, independent counsel from your spouse
Full disclosure of all assets and liabilities
Complete prenup at least 30 days before the wedding
That you follow all legal formalities: the prenup must be in writing, signed by both parties and acknowledge in the same manner as a deed
Prenup is not “unconscionable or unreasonable”
Do you recommend I get a prenup?
Here are some scenarios whereby you should likely obtain a prenup:
You own a business or practice.
You may receive a large inheritance.
You expect a large increase in income.
One of you is much wealthier.
One of you plans to support the other financially through education.
You have or will have a license or degree in a lucrative profession.
You have valuable property, such as real estate, stocks, or savings.
You have parents or other loved ones who need a secure financial future.