Long Island Prenuptial Lawyer

What are the Benefits of a Prenuptial Agreement in New York?

A prenuptial agreement is a legal document that specifies a couple's wishes in marriage and in the event of a future divorce or legal separation. The document provides instruction in regards to how property division, maintenance (alimony), estate rights and all other important aspects of a marriage should be dealt with if the marriage ends in divorce.

Regardless of a couple's level of income and assets, it is best for anyone entering into marriage to understand his or her financial legal rights and obligations and consider executing a prenuptial agreement. A prenuptial agreement protects your property during a divorce.

While many happy, soon-to-be-married couples can't possibly imagine or foresee their marriage ending in divorce, the truth is that even some of the strongest marriages don't last forever. At Samuelson Hause & Samuelson, LLP, we genuinely hope that your marriage lasts a lifetime and that you and your partner experience nothing but happiness and joyous memories for as long as you both shall live. That being said, we also encourage you to be prepared, protected, and financially secure should your marriage end differently than you plan.

Considering a prenuptial agreement in Long Island? Contact us today to start discussing your options.

Long Island Prenuptial Agreements

Like the majority of states, New York follows the "equitable distribution model" when dividing marital property in a divorce. Under this law, if a couple cannot reach a marital settlement agreement with the assistance of their respective Long Island prenuptial attorneys, the judge on the case will divide their property in a manner that is "fair and equitable."

Unlike community property states where each spouse is entitled to 50 percent of the marital estate, New York judges have more discretion when dividing a couple's marital assets. Essentially, the judge would review the totality of the circumstances and from there, he or she would decide how to split a married couple's assets – the couple has virtually no control.

When it comes to high-net-worth marriages, many couples prefer to maintain control in a divorce rather than leave their hard-earned assets in the control of a judge who does not know them personally. The best way to exert this control is to enter into a prenuptial agreement before the marriage takes place.

Don't Prenups Mean There is a Lack of Trust?

Some fiancés feel as if prenuptial agreements mean there is a lack of trust, and that their future spouse does not have faith that the marriage will last. While prenups may seem unromantic at first, they can actually symbolize a greater level of trust in a relationship.

How is this possible? When an engaged couple enters into a prenuptial agreement, it means they are upfront and honest about their finances. The process involves a full, detailed disclosure of each person's financial situation, so this honesty actually enhances the trust.

When a couple gets married, they will have to discuss money sooner rather than later; many engaged couples agree that it's better to have the full picture before they tie the knot, and a prenup helps them with this transparency.

Prenups Give Peace of Mind

You don't plan on your house flooding, but you get insurance. You don't plan on getting into a car accident, but the state requires you to have auto insurance. If you're a doctor, you don't plan on being the subject of a lawsuit, but you still get medical malpractice insurance. For the wealthy, a prenup is just another form of insurance.

Hopefully, you'll never need to use your prenup, but if you do, at least you'll have peace of mind because you'll know what to expect. Not only that, but an ironclad prenup can help avoid litigation, thereby greatly reducing the legal fees involved.

How Our Long Island Prenuptial Attorney Can Help

We understand that drafting a prenuptial agreement can be an extremely sensitive issue to bring up right before marriage, and that asking your future spouse to sign a "prenup" may lead to conflict during the months and weeks leading up to your special day. Drafting a prenuptial agreement doesn't have to be an awkward experience. At Samuelson Hause & Samuelson, LLP, our Long Island prenuptial attorney will discuss the benefits of a prenuptial agreement and to address any concerns that either of you may have.

We have represented hundreds of clients throughout Nassau County, Suffolk County and the greater New York metropolitan area and can make sure your needs, concerns, and wishes are addressed and included in your prenuptial agreement. Before you get married, make sure to protect yourself and your future.

If you need help drafting a prenuptial agreement, please contact our Long Island prenuptial lawyer at Samuelson Hause & Samuelson, LLP today.