Legal Question in Family Law in New York

Need advice on possibly getting a Prenup prior to marriage

I am contemplating a Prenup prior to getting married and am wondering if it makes sense for me. I'd love some advice from a lawyer. Currently I make more $$ than my fiance and want to protect both my savings prior to my getting married and also prevent a 50/50 type split of income earned during marriage in the event of divorce. I am just trying to be practical and protect my earnings/savings. At this point we rent and do not own a place (when we do we will put in both our names and purchase together). I also am wondering if a Prenup can have terms in my favor in case of me stopping work to raise kids? I'd love an expert opinion regarding NY laws (we are marrying in Florida but live in New York).

Thanks!


Asked on 12/05/05, 11:53 am

6 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Need advice on possibly getting a Prenup prior to marriage

I would be happy to meet with you for a consultation, I offer consultation in hour long blocks during which you can ask any question you wish and I will focus on the issues of your concern and attempt to provide you with some direction. Contact me directly for an appointment.

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Answered on 12/05/05, 12:24 pm
Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: Need advice on possibly getting a Prenup prior to marriage

The concerns that you have expressed are exactly the type of concerns that are addressed in a prenuptial agreement. You can protect your investments and purchases that are made with your higher income by making any future division of property match your higher percentage of income in comparison to his. Provision can also be made for the time when you must stop working to raise a family. Our fee for the preparation of such an agreement is $1800 which includes the first meeting for up to one hour, and the first draft of the agreement which would include making any minor corrections. Any major revisions would be billed at $350 per hour.

If you wish to make an appointment, you can call our office at the telephone number listed on our web site (VeneziaLawFirm.com) and ask to speak with Mr. Venezia.

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Answered on 12/05/05, 12:55 pm
John O'Donnell Attorney at Law

Re: Need advice on possibly getting a Prenup prior to marriage

A pre-nuptial agreement deals with marital property issues before a marriage, in much the same way as a settlement agreement or divorce settlement would after marriage. Thus, the agreement can resolve all property issues that are important to you. You and your future spouse would, of course, have to reach an agreement on these issues.

For any agreement to be enforceable in this area, you must cross the T's and dot the I's. So I would recommend that you retain an attorney to assist you.

If you decide to retain an attorney, keep me in mind. I think that you will find that the quality of my service, and my low fees, are unmatched.

Best of luck.

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Answered on 12/05/05, 1:05 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Need advice on possibly getting a Prenup prior to marriage

Lawyers are easy - there are plenty of us ariund. I would be happy to give you a consultation for no fee.

However, you describe none of the usual 'markers' suggesting that a pre-nup is appropriate.

You are not on a 2nd marriage with considerable assets. A mere difference in income, unless it is HUGE does not suggest a pre-nup is an appropriate tool.

Aliomy is disfavored these days in all cases. If you are married for less than 5 years then there will be little 'marital property' to divided. The pre-nup will not control child support.

A pre-nup is unlikely to be useful in protecting you. On the other hand, it is less likely to enhance your trust and intimacy with your beloved. This is a bad idea.

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Answered on 12/06/05, 7:04 pm
Robert Evans Robert S. Evans esq.

Re: Need advice on possibly getting a Prenup prior to marriage

As long as both parties agree ,then a pre-nup is a very practical way of dealing with future problems, should they take place. Both parties may by agreement contract to retain all pre-existing assets, divide all marital resposibilities etc. I have prepared many varied agreements and would be happy to assist you to protect your futures. You may contact my office to set up a consultation.

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Answered on 12/05/05, 6:05 pm
Bunji Fromartz Fromartz Law Offices

Not a good idea

Your question tells of no great assets that need protecting. The specific areas you wish to provide for, child rearing, is not an area that a prenuptual agreement would address.

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Answered on 12/07/05, 3:05 pm


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