Introduction to Prenuptial Agreements
Many couples face the decision of whether to sign a prenuptial agreement before marriage. Brian D. Perskin, a renowned divorce attorney in New York, often sees women in his office grappling with this choice. All too often, women come into my office and tell me their wonderful future husband is requesting a prenuptial agreement be signed before the marriage,” says Perskin. While many of these agreements are fair and straightforward, some aim to separate the couple’s financial lives completely.
Short-Term vs. Long-Term Considerations
Perskin advises that it’s crucial not to focus solely on the short-term aspects of a prenuptial agreement. In the short run, if you marry a rich guy and it does not work out, you may not be entitled to much money. A prenup would not hurt you,” he explains. However, the long-term implications are more significant and warrant careful consideration. “A woman should be worried about what will happen if the marriage falls apart after fifteen or twenty years,” Perskin emphasizes.
The Importance of Fair Provisions
According to Perskin, it’s vital to ensure that the prenuptial agreement includes fair provisions for both parties, especially for the less wealthy spouse. You just have to sit in the matrimonial parts of New York courts and see women in tears,” he notes. He strongly advises against waiving rights to pensions or income generated during the marriage unless there is a provision for substantial maintenance payments should the marriage dissolve.
When to Consider a Prenuptial Agreement
Perskin believes that prenuptial agreements are essential under certain circumstances but not universally necessary. “Prenups are important in certain circumstances, but not all,” he states. The key is to assess the specific conditions and potential future scenarios of your relationship.
Consulting a Qualified Divorce Lawyer
Before signing any prenuptial agreement, it is crucial to consult with a qualified divorce lawyer. Perskin advises, “You should always consult a qualified divorce lawyer in New York before you sign anything.” This step ensures that your interests are adequately protected and that the agreement is fair and compliant with New York law.
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