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
maintenance (alimony), estate rights and all other important aspects of a marriage should be
dealt with if the marriage ends in
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
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
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,