Whenever I write about prenups or advise clients on them, I always emphasize the idea that prenups are not a one-size-fits-all document and should be tailored to meet the needs of the couple’s circumstances and goals. While there are many subjects and clauses that are routinely included in prenups, there are just as many that may only be beneficial or work in some situations or for some couples. Sunset clauses often appear in articles about prenups and it can be hard to understand the implications of having a sunset clause or what the benefits may be. How do you know if a sunset clause is a wise choice for your prenup? Continue Reading
Articles Posted in Prenuptial and Postnuptial Agreements
What is the Purpose of a Prenup Agreement?
A Prenuptial Agreement (“Prenup”) is more than just a legally binding contract. Prenups can help create a solid foundation for how the financial aspects of your relationship will work during the marriage. This helps to build trust and effective communication moving forward. That makes it a wise investment. Negotiations should be conducted with a spirit of cooperation and transparency about financial matters. The goal is to enter the marriage with a full understanding of your situation and clarity on expectations. Continue Reading
Planning for Marriage During the Pandemic: A postponed marriage may be an opportunity to plan for the future
The effects of the COVID pandemic are being felt throughout the world in big and small ways. The impact is seeping into the many aspects of daily life. As we all adjust to remote attendance at work, school and other activities, the COVID pandemic has brought home the importance of family relationships. Couples planning their wedding (or expecting to be married soon) have had to rethink the timing and nature of the event. Romantic partnerships have been tested and priorities reassessed.
While some couples have chosen to adjust their wedding plans and are having virtual ceremonies for family and friends to attend via live stream or Zoom, others have opted to trim down the guest list and attempt to celebrate safely and socially distanced. For many couples, the best plan has been to postpone the wedding until a return to “normalcy.” For these couples, there may be a silver lining. Continue Reading
Prenups in New York: The Basic Facts
A prenuptial agreement is a written contract between two people that is entered into before marriage and takes effect upon marriage. This document has become more popular as couples realize the importance of clarifying expectations and setting a good foundation for communication about finances (and other issues) before the marriage.
Each couple has a unique set of goals and issues to be addressed and the prenup can be specifically tailored with that in mind. Without a prenup, state laws dictate who owns the property acquired during the marriage as well as what happens upon the dissolution of the marriage.
Why get a Prenup? Continue Reading
Prenuptial Agreements: What should your agreement cover?
Prenuptial agreements (“prenups”), much like relationships themselves, are not “one size fits all.” Each couple has a unique set of goals and issues to be addressed. The content of a prenup reflects these individual objectives. People hesitant about obtaining a prenup often conflate the idea with certain common misconceptions and opinions. One sentiment often brought up is the notion that prenups only prepare for divorce. However, the principal goal of a prenup is to clarify expectations about the couple’s future regardless of whether there is a divorce. I have written in the past about the benefits of prenups for all kinds of couples. A prenup can act as a platform for compromise, while allowing couples to be proactive about their future, the management of their assets, and the expectations for their lifestyle. Once a couple does decide to obtain a prenup, what should the agreement actually cover? Continue Reading
Love is in the air, and prenups are too! An excerpt from Prenups and the Elephant in the Room
With Valentine’s Day upon us, it is a great opportunity to discuss the positive effects that prenups can have on a relationship. In my book, Prenups and the Elephant in the Room, I cover the common misconceptions about prenups, and how couples can work together to face these misconceptions. Below is an excerpt from my book which discusses the misconceptions themselves, as well as how couples can use these misconceptions to start the discussion about a prenup. Continue Reading
Millennial Marriages: Prenups on the Rise
Prenuptial agreements are on the rise for Generation Y individuals, or “Millennials”, according to recent reports in the news. What is it about this group that is lending itself to an uptick in prenups? Continue Reading
Prenup Negotiations: 5 Reasons the “art of the deal” is not a zero sum game when it comes to family.
High-stakes negotiations are often characterized as intense back-and-forth battles where only one party wins. The winner takes all while the other party may suffer a loss of both objectives and dignity. A loss of dignity in negotiations for a prenup can have a long-lasting effect on the relationship. Negotiating a prenup can (and should) be about coming to a mutually beneficial agreement for both parties. While the marital relationship is considered an economic as well as social partnership, establishing a foundation for the economics of the relationship can be challenging. The goal of the negotiation should be conducive to creating a durable, family-oriented agreement. Below are five reasons the “art of the deal” is not a zero sum game when it comes to family: Continue Reading
The Timing of the Prenup: Effective Discussions for a Lasting Agreement
One of the most common questions I receive from clients is how to bring up a prenuptial agreement with a future spouse. There is no uniform answer to this because every couple has its own dynamics, and a prenup conversation should reflect this. With that being said, there are some basic ideas to help your path to a prenup go more smoothly. Continue Reading
Digital Assets and Prenuptial Agreements
In today’s constantly connected world, the way we interact with one another has changed. Relationship milestones are now often celebrated through technology and are sometimes reached through technology itself. Becoming Facebook official sometimes marks the real beginning of a relationship. Sharing a Netflix password may signify that the relationship is serious. Having a joint iTunes account is often part of a modern relationship. In a world that is increasingly dependent on the use of technology, how can you safeguard your own digital assets? Continue Reading