More and more couples call me these days asking about prenuptial agreements. Prenuptial agreements are more popular than ever.
Being an attorney in the field of family law for more than thirty-five years, I have guided thousands of couples about to walk down the aisle on how to protect their futures.
A prenuptial agreement can provide some comfort and insurance that all of the love and affection shown on your wedding day will hopefully last a lifetime.
Here are some tips to protect your relationship from the very outset, so that the shine of that beautiful wedding ring doesn’t blind you to some of the very basics of a long and successful marriage.
So here are some suggestions as to what should be included in your prenuptial agreement:
1. How Finances Will Be Handled:
Some people have anxiety, guilt, or even shame about the way they handle money. Do you really want to tell a potential spouse that you’re an over-spender? Not exactly the topic of discussion you want to have before you walk down the aisle. Have an open and honest conversation with your future spouse about your finances and know your “money style.”
Decide on how you want to handle assets and debts in the event of a divorce.
Determine how the marital property or assets you accumulate during the marriage will be divided. Decide what will happen to gifts kind from family members. Make decisions about how inheritances will be handled. If you put these finds into joint accounts you may be making a gift of some of that money to your spouse.
2. Spouses Responsibilities:
Not only does a prenuptial agreement outline who gets what when a marriage ends, it can also include each spouses’ responsibilities, such as who will handle the bills, manage household expenses, how joint bank accounts will be handled, who will handle which household chores and set some rules for ramifications for infidelity. Couples can include where they are going to live, children, careers, and what side of the bed to sleep on.
Your prenuptial agreement should reflect what is important to you both!
3. Estate Planning:
Prenuptial agreements can be great estate planning tools! It’s important to also have a will, living trusts, and other estate contracts to protect your family’s future. It is important to also have a will, possibly living trusts and other estate vehicles to protect your families future. You may want to speak with a trusts and estates attorney.
4. Business:
If you and your partner plan to invest in or own a business, you can outline how much of the business and its profits each spouse is entitled to receive.
5. Spending Allowances:
Some couples, especially with unequal income, may want to set spending allowances for each spouse to ensure financial security.
6. Spousal Gifts:
If your spouse gives you a gift you would like to keep in the event of a divorce, you can state your claim to these gifts in your prenuptial agreement.
7. Alimony (Spousal Support):
Spousal maintenance is awarded to a spouse in the event of divorce if they have a smaller income than the other spouse or have sacrificed aspects of their career to raise children. This can be determined and outlined in your prenuptial agreement.
Let’s discuss what you would like included in your prenuptial agreement. If you are getting ready to walk down the aisle and are considering a prenuptial agreement, call me. I can craft a comprehensive prenuptial agreement to address all your needs.
If you have any questions about a prenuptial agreement please call me at 212.734.1551.
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I hope to hear from you!
Warm regards,
Lois
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