H. Michael Stern, Esq. a Long Island matrimonial and divorce attorney comments on prenuptial agreements.
It is my belief that every couple intending to marry needs a prenuptial agreement. One reason is simple; every gift given during the marriage from one spouse to the other is marital property subject to equitable distribution. So, if your wife just bought you a Rolex for your wedding anniversary and you reciprocated by buying her a diamond tennis bracelet, both are subject to equitable distribution if there is a divorce. Simply put, there is no such thing as a true gift during marriage, as there is never a full relinquishment of rights by the party giving the gift. The exception is when there is a legally binding agreement between the parties.
The above was an example was of a single issue. A prenuptial agreement can address many other issues between parties who are intending to marry. If you have savings, property or retirement plans and intend to marry, I believe that you need a prenuptial agreement. If the other party is debt laden then I believe that you also need a prenuptial agreement to define responsibility for existing and future liabilities.
A prenuptial agreement is an agreement signed before the date of marriage by the parties to the marriage . The agreement must be properly acknowledged and notarized in the form which would enable a deed to be recorded. It is important to understand that a prenuptial agreement is not in force until the marriage actually occurs. A prenuptial agreement can settle most issues that a separation agreement or divorce stipulation (of settlement in a pending divorce action) would address, except consent to divorce. The issues that can be addressed include, but are not limited to: maintenance, property distribution, debt apportionment and insurance coverage. A properly prepared prenuptial agreement, which comprehensively addresses each issue between the parties, can determine the classification and treatment of money and property as either separate or marital property in the event of divorce.
I can assist you in representation, negotiation and preparation of a prenuptial agreement.
I have drafted numerous prenuptial agreements during my 30 year career as a New York matrimonial and family law attorney and divorce mediator.
I am proud to state that to my knowledge not a single one has ever been successfully challenged or set aside by a Court.
My office is conveniently located in Garden City, Nassau County, Long Island NY.
If you believe a prenuptial agreement is right for you, please contact me at firstname.lastname@example.org or 516-747-2290 for a FREE CONSULTATION to discuss your legal needs.