Same-Sex Prenuptial Agreements
A prenuptial agreement for same-sex couples is an important step that you should consider if you are getting married in the near future. The Marriage Equality Act which effective on June 24, 2011 makes it legal for same sex couples to marry in New York State. Planning your wedding involves a lot of attention to detail, and your individual assets should be one of the things you are thinking about as you enter into marriage.
While you may not want to consider the idea that your marriage could end in divorce, creating a prenuptial agreement is an important step to take. Additionally, data indicates that marriages with prenuptial agreements in place are less likely to end in divorce. If you are a gay or lesbian couple living in New York City, you should consider getting legal assistance from a prenuptial agreement lawyer. Attorney Paul E. Rudder, Esq. is an expert in advising clients regarding these agreements and proposes provisions to protect his clients’ best interests should a marriage dissolve.
An attorney that is experienced in creating prenuptial agreements can help same-sex couples decide on the parameters of their prenuptial agreement. They will be able to advise the couple in understanding the value of their property and what items should be addressed in their agreement.
Special instruction is essential as the status of the marriage residence must be considered (i.e. status of residence). These discussions are typically very uncomfortable and require sensitivity, proper representation and counsel to achieve agreements acceptable to both parties. Drafting a legally sound and sensible prenuptial agreement may be appropriate as a means to avoid a potential subsequent conflict over property and assets in the event of a divorce.
Call (212) 826-9900 today to schedule a consultation with NYC prenuptial agreement lawyer Paul E. Rudder.
Who Should Get A Same-Sex Prenuptial Agreement
Prenuptial agreements are no longer only for the wealthy individuals. Anyone with assets or properties they want to protect should consider creating this agreement prior to entering into marriage. Having a prenuptial agreement in place can save couples time, money, and unanticipated problems in the long run and is a great way to have important conversations with one another before getting married. By resolving many issues regarding finances prior to wedding, couples can create a stronger marital foundation for themselves.
Benefits of A Same-Sex Prenuptial Agreement
A same-sex prenuptial agreement can address the following items:
- Define Marital & Separate Property. You can clearly define separate and marital property, which will speed up the equitable division process in the event of a divorce. Couples can also decide how they want the equitable property to be divided.
- Protect Family Business & Inheritances. In the event of a divorce, you can protect an inheritance or a family business.
- Protecting Assets. This includes business ownership, pensions, and real estate interests whether in existence at the time of marriage or any time thereafter.
- Protecting Your Estate. In the event of the death of one of the spouses during the marriage or upon the occurrence of the marital termination event a prenuptial agreement will protect your personal estate.
New York State Requirements for A Valid Prenuptial Agreement
Pre-marital agreements must be properly executed by both parties in order to be enforceable in New York state courts. To determine enforceability, the courts will look at:
- The agreement must be in writing.
- Each spouse must be represented by their own separate legal counsel.
- It must be duly executed and executed voluntarily.
- Each spouse must have had the opportunity to make reasonable inquiries into the other’s assets and income.
- Each party must indicate the agreement is fair and reasonable at the time it is executed.
- The agreement must not be unconscionable; the result of duress; or so one-sided that a reasonable person would not voluntarily accept the terms.
- The agreement must be notarized.
- The agreement must be signed before the marriage occurs
Get Started on Your NYC Same-Sex Prenuptial Agreement Today
Mr. Rudder will use his knowledge and expertise to guide you through the process of drafting, negotiating, and reviewing your prenuptial agreement. Paul Rudder has represented gay and lesbian couples and clients for many years and can guide his clients through drafting and reviewing of prenuptial agreements. Earlier in his career he was trial council to the NYC Commission on Human Rights and prosecuted the first NYC case in which sex discrimination impacting access to a public accommodation was at issue. Sensible prenuptial agreement may be invaluable in outlining what will happen with property and assets in the event of a divorce.
Schedule A Consultation
To speak with our matrimonial law attorney about setting up a same sex pre-nuptial agreement in NYC, please contact attorney Paul Rudder ESQ at 212 826-9900. Mr. Rudder’s practice is based in NYC area with an office conveniently located in Manhattan.