Your Future is Bright. Protect it with a Prenup.

A prenuptial agreement (sometimes referred to as a “prenup”) is a written contract or agreement entered into by a couple before marriage. A prenuptial agreement will allow you and your partner to avoid costly litigation by pre-determining how specific assets and debts are to be divided as well as determining how much support, if any, is to be awarded to a less monied spouse. Most importantly, a prenuptial agreement can preserve the legal nature of separate property. In other words, separate property can remain separate, instead of being subject to equitable distribution laws that otherwise require the division of marital assets such as real estate, business interests, retirement accounts, and bank accounts. Without a prenup, you’ll be taking your chances with the courts.

Prenuptial agreements enable couples to pre-determine how their assets are to be treated in the event of a divorce or separation, and in some cases, the death of one party.

The greatest problem in most divorces is deciding how to divide property and money and how much support to award to a less-monied spouse. Many prenuptial agreements are entered into simply because couples do not want the courts to decide their asset distribution should their marriage end. A small investment in upfront planning can save you heartache, costly litigation, and tremendous financial hardships should you ever need it later.

While there is no requirement that an attorney prepares your prenuptial agreement, there is also no substitute for competent legal representation, guidance, and experience. To avoid the possibility that a court will one day declare your prenup invalid, it is best to have an experienced matrimonial attorney draft your agreement. There is no “one size fits all” solution when it comes to a prenuptial agreement as there are often many unique issues to consider when preparing a prenuptial agreement. Having an experienced attorney work with you to draft its terms and provisions will ensure that you are properly protected. Competent legal guidance can mean the difference between an agreement that will be upheld and one that may be set aside by a court in the future. A small investment in expert legal representation can save you a lifetime of regret.

That's simple! After representing over 10,000 matrimonial clients over the last decade, we understand the plethora of issues that arise during divorce or separation. We have the expertise and experience to help you navigate a complex legal landscape. That’s a level of skill that not many law firms offer. We know the pitfalls and the hurdles and can help you avoid them. Above all, you will enjoy the peace of mind that comes with high-level planning. Let our attorneys help you better protect your future and the things that matter most to you.

In New York State, the law provides for the “equitable distribution” of all marital assets, debts, etc. This means that unless you and your spouse have entered into a prenuptial agreement, the courts may divide any assets or income acquired during the marriage (by either party) according to prevailing law. Typically, this will result in a 50/50 split of all marital assets.

Separate monies (such as gifts, inheritance, or premarital assets) that are commingled in joint accounts can also be included in the marital estate and divided by the Courts. Additionally, if one spouse earns a greater income than the other, the courts may order an award of spousal support or maintenance (formerly known as “alimony”) to the less-monied spouse.

You can avoid this unintended division of your assets by preparing and executing a prenuptial agreement with individual legal counsel. You’ll determine in advance which assets are to be divided and which are to remain the separate assets of each spouse. With a prenup, you can also define which types of assets are to be treated as marital and which will never be considered marital.

Finally, with a prenup, you can decide if either party is to receive support in the future and set limits on the amount and duration of any support award. The predictability that comes with a well-drafted prenup will safeguard you from protracted and expensive litigation as well as the whims of the courts. It will ensure that you are well protected in the event of a divorce or separation.

We offer three different affordable, fix-fee prenup packages ranging from prenup review to advanced negotiations and complex agreements. Our primary legal services include:

• Prenuptial Agreement review - $995
• Comprehensive Prenup - $1,995
• Advanced/Negotiated Prenup - $2,995

Each prenup package includes a comprehensive client consultation and financial review.
More information is available on our Legal Services page. Feel free to contact us at (646) 395-9100 with any questions or schedule a FREE consultation with one of our attorneys.