Marriage is a partnership in every sense, including financially. A prenuptial agreement is a pre-marriage agreement entered into by you and your future spouse. It provides you each with an opportunity to disclose what you have, what you intend to share as marital property and what you intend to keep as separate property. This type of agreement is especially useful these days since people are marrying later in life after they have achieved professional success and accumulated assets. A prenuptial agreement can offer each party reassurance and security about their future before they marry.
I can help you formulate an agreement that will reflect your love and respect for each other, but also your proactive thinking in order to eliminate problems in the future, in case they arise. Together, we will formulate an agreement that will cover the following areas:
a. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.
b. The rights to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.
c. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.
d. The modification or elimination of spousal support.
e. The making of a will, trust, or other arrangement to carry out the provisions of the agreement.
f. The ownership rights in and disposition of the death benefit from a life insurance policy.
g. The choice of law governing the construction of the agreement.
h. Any other matter, including their personal rights and obligations, not in violation of public policy. A premarital agreement cannot predetermine issues relating to children including child support, custody, or parenting time.
If you are thinking of getting a prenuptial or postnuptial agreement in New York or in New Jersey or if you would like to find out if you could benefit from one, please contact me in order to arrange a confidential consultation.