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    Though many couples tend to shy away from prenuptial agreements, they are actually an important planning tool for couples who intend to marry. Despite the thought process that they are indicative of an impending divorce, they can serve as a useful tool for your marriage.

    In general, prenuptial agreements are executed in order to avoid later litigation and generally require a waiver of rights and obligations that may otherwise be imposed upon one or both parties by a Court of Law in the event of a later separation or divorce. Couples should not believe having a prenuptial agreement implies they are expecting to divorce in the future, but rather view them as a way to prepare for the future and protect their assets.

    Under present New York State Law anything can be found to have a financial value. Howeve,r if these “items” of “value” belonged to either spouse prior to the marriage, they remain the separate property of that party. It is important to determine what property each party owns or possesses at the time of the marriage and to understand how that separate property may be protected upon dissolution of the marriage. Only after full financial disclosure can the necessity for the prenuptial agreement be determined and the goals of the client identified.

    Prenuptial agreements outline the duties and responsibilities of each party to one another in the event of the future divorce. New York State upholds that validity of such agreements so long as each party has been represented by separate counsel and each party had been fully informed of all of the property, assets and liabilities of the other party in advance of the execution of the agreement and made aware of the consequence of entry into the agreement.

    How Can A Prenuptial Agreement Protect Me In My Marriage?

    A prenuptial agreement can prepare couples for marriage and provide them with long term protection by:

    • Protecting the rights of your children’s future inheritance
    • Protecting your business
    • Protecting assets like pensions and real estate
    • Limiting spousal support obligations
    • You can even address issues such as whether you will have children, who will work, the religion you will practice and if your family may relocate

    Contact A Trusted Prenuptial Agreement Attorney Today!

    If you are getting married, contact Paul E. Rudder, Esq., an experienced matrimonial lawyer in New York City who handles prenuptial agreements for couples. Mr. Rudder has over 30 years of experience and a long list of client references.

    Call (212) 826-9900 to arrange a consultation to discuss a pre-nuptial agreement.

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    What Is A Post-Nuptial Agreement And Why You Need One?

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