You have a family law attorney review what you are signing.
Often a couple, about to enter a marriage, will go to an attorney to have a prenuptial agreement drafted.
A prenuptial agreement is not just for the rich and famous! A prenuptial agreement forces you to have in depth conversations about uncomfortable, but important marital issues with your future spouse. Money matters, in what religion you plan to raise your children, family business ownership, and planning for inheritance are just several crucial topics that are brought to the forefront. These agreements can be fair when the people are reasonable. Speak now or forever hold your peace. You will learn a lot about generosity and reasonableness from what’s proposed in a prenuptial agreement.
It’s important to keep in mind whoever selects the attorney to draft the agreement may have an advantage. That is why the other party should take the draft to an attorney of their choosing to carefully review the agreement and protect their interests. It’s important to discuss and be aware of what a spouse would be entitled to in the event of a divorce without such an agreement and what you could be giving up.
When a client asks me to review a prenuptial agreement that has been drafted by an attorney chosen by their partner, I look very carefully not only at what has been included, but also what has been excluded!
I often find some very important issues are left out:
1) estate rights;
2) spousal support;
3) marital property;
4) share of a business or professional practice;
5) income during marriage;
6) possession of the marital residence
It’s also important to know what you as a spouse would normally be entitled to in a divorce and what you are being asked to give up in the agreement.
If you are about to sign a prenuptial agreement and want a thorough review to insure all your rights are protected in case of divorce, call me.
I have been drafting and reviewing prenuptial agreements for over 35 years and can insure you are protected. 212.734.1551
Warm regards,
Lois