Prenuptial Agreements

New York law allows a couple to enter into a contract setting forth the agreed financial terms of their marriage prior to the wedding. This contract, known as a prenuptial agreement, a premarital agreement, or premarital contract, allows a couple to agree on what property will be considered property of the marriage and what property will remain classified as each person’s separate property. A prenuptial agreement lists the property owned by each person as well as their debts and specifies what each person’s property rights will be after marriage.

The general purpose of a prenuptial agreement is to provide certainty, so that in the unfortunate event a couple decides to divorce, a couple can dissolve their marriage more promptly and amicably, without the costs generally associated with an adversarial divorce proceeding. Any party to a marriage can have separate property, and often there are valid reasons to keep property separate. These reasons include:

  • If one spouse brings much greater financial assets and property into the marriage than the other
  • If one spouse is part of a family business
  • If one spouse has or both spouses have children from prior relationships
  • If the spouses have different investment and retirement goals due to age disparity.

We at Ziegler, Ziegler & Associates have many years’ experience in the drafting and negotiation of contractual agreements. We can help you determine if a prenuptial agreement is the right choice, and if so, we will draft such an agreement to ensure it will protect your best interest and will stand up to any potential challenge in court.

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