Asset Protection With Pre-Marital or Post-Marital Agreements
A premarital agreement is not a statement about the viability of your marriage. It is simply a precaution, a sort of insurance policy to protect wealth that you bring to the union in the event that it doesn't work out.
The Wappingers Falls family law attorneys of Vergilis, Stenger, Roberts, Davis & Diamond, LLP, can help you draft a prenuptial agreement to preserve your property rights and spell out how your assets would be divided in divorce. We can also advise clients who are asked to sign a "prenup" as a precursor to marriage, reviewing the document to ensure that it is fair and does not compromise your rights.
New York Prenuptial Agreement Attorneys
A prenuptial agreement, also called a premarital agreement, identifies property that each party owns prior to marriage and sets those assets aside as separate property that is not subject to equitable distribution in divorce. A prenuptial agreement may also specify how property would be divided in divorce, and might stipulate alimony (spousal support). Prenuptials cannot dictate terms of child custody or visitation, nor child support.
A post-marital or post-nuptial agreement is a similar contract signed at any time after you have been married.
You might consider a prenuptial or post-nuptial agreement:
- If you have established a successful business or career
- If you are completing an advanced degree
- If you own a house or other substantial assets
- If you have accumulated a sizeable retirement "nest egg"
- If you are entering a second marriage, especially if you have children from the previous marriage
- If you are getting married under New York's new same-sex marriage statute
Without a prenup, assets can become commingled into the marital estate and subject to equal or nearly equal division in divorce. Our goal is to preserve the status quo of your asset base in the event of divorce. We also work to ensure that your premarital/post-marital agreement will be upheld by making sure that it is entered freely and reviewed by separate counsel.
Poughkeepsie Post-Nuptial Agreement Attorneys
We can advise either party in prenuptial agreements. Contact us to arrange a consultation with one of our experienced lawyers at one of our three convenient office locations in the Hudson Valley.
