Prenuptial Agreement Attorney
A prenuptial agreement does not need to be thought of as a self-fulfilling prophecy of later break-up. Rather, it can be a useful vehicle for discussion of the full legal implications of marriage and for practical negotiations of engaged couples' goals for the future. It forces the parties contemplating marriage to be more realistic about the more mundane things that the parties should think about.
To schedule a consultation with an experienced New York matrimonial law attorney regarding prenuptial agreements or post nuptial agreements, contact us.
A Prenup Is Like an Insurance Policy
At the Rockland County law offices of McCormack & Phillips, Attorneys at Law, in Nyack, New York, we tell clients that a prenup is a wise form of insurance that any engaged couple would do well to discuss. Everyone has automobile insurance, not because they believe they will be in an accident, but because they may be and it may not be their fault. When couples are in love and optimistic about the future, they are more likely to be fair and unselfish as they consider the issues covered in a well-drafted prenuptial agreement and the benefits of a prenuptial agreement. One such benefit is a substantial reduction in the cost of a divorce if the matter can only be resolved by litigation.
For New Blended Families-to-Be
Particularly when planning a second or third marriage, or formation of step relationships through a new marriage, it is wise to talk about what would happen to the marital home, vacation homes, assets such as 401K plans, and other property in the event of a marital break-up. It is important that children from a prior marriage understand that their possible inheritance is not being given away, as thoughts about money and property issues cause problems between the new spouse and the children of the prior marriage.
Draft, Review, Negotiate, and Sign
Lawyers at McCormack & Phillips handle all aspects of prenuptial agreements, including drafting, reviewing, negotiating, and signing. Our prenuptial agreements are not simple "sign here" documents. They are detailed and thorough – designed to prevent future disputes that can be avoided through clear-minded agreements up front. Clients of McCormack & Phillips who have executed proper prenuptial agreements have expedited, inexpensive divorces should life's circumstances lead in that unfortunate direction.
Evaluation or Amendment of Preexisting Prenuptial Agreements
We are also available for consultation regarding an existing premarital agreement when its validity is in question or may be challenged. This might occur if your agreement was prepared in a State other than New York. Different states treat such agreements differently. Some states believe that the parties should not be able to bind courts to blindly follow the decisions made by the parties, while other states give such agreements greater weight. Inquire with us about related matters such as reconciliation agreements, post nuptial agreements, and prenuptial agreement amendments.
Separate Property Family Assets
We advise clients as to what assets are classified as separate property, what assets are family (marital) assets, and what to expect in the event of a divorce. Mature couples can handle discussions such as these in an "eyes wide open" spirit of fairness and practicality. While there are rules on separate property (what constitutes separate property and what constitutes marital property), there are also exceptions to the rules. The specific facts of a case can trigger those exceptions and only a qualified attorney can put your specific set of facts into context. Contact us to schedule an in-depth consultation without your spouse-to-be. We cannot and will not represent or provide advice to both sides. Your future spouse will be required to obtain his or her own attorney to advise them.