bronx prenuptials lawyers

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Bronx Prenuptial Lawyers
A couple wants to get married, but one person has concerns about personal assets and property. In this case, the person needs to contact the Bronx Prenuptial Lawyers about a prenuptial agreement. A prenuptial agreement is a contract signed by future spouses before marrying. The following information gives some details about prenuptial agreements:

Reasons to have a Prenuptial Agreement

A 2013 survey by the American Academy of Matrimonial Lawyers (AAML) reports that 63 percent of divorce attorneys saw an increase in prenuptial agreements over 3 years. Also in this survey, 46 percent of women were the initiators of the prenuptial agreement. The protection of the assets and property of both future spouses is important. A prenuptial lawyer can draft a legally binding prenuptial agreement for you. Here are some reasons to have a prenuptial agreement:

• Specifies which property is separate
• Indicates the amount of maintenance (alimony) a spouse will receive
• Identifies marital property
• Reduces conflicts during a divorce
• Assigns debt such as credit card balances to right spouse
• Provides details about special agreements between spouses

Reasons to not have a Prenuptial Agreement

Some future spouses are afraid to have a discussion about a prenuptial agreement. They are afraid that the words “prenuptial agreement” will end the relationship. This is a matter that should be open for discussion.

This is why both future spouses should seek the advice of a prenuptial lawyer. The legal professional will be able to provide valid answers to all questions. The future spouses will be able to determine if a prenuptial agreement is right for them. Here are some reasons to not have a prenuptial agreement:

• Cancelling of marriage plans because of prenuptial agreement
• Inappropriate timing right before wedding
• Unfair provisions brought up in court
• State law may cover issues

Marrying Without a Prenuptial Agreement

The Centers for Disease Control and Prevention (CDC) report that there were 2, 140, 272 marriages in 2014. The CDC also indicates that 813,862 people received a divorce in the same year. Forty-nine states plus Washington D.C. reported this information. Your state law will determine ownership of property during and after marriage. Both spouses will have a share of all property after a divorce.

A spouse can receive some or all the property if the other spouse dies. Your children may not receive any property. Also, both spouses are responsible for debt obtained during their marriage. You should contact a legal professional to determine if a prenuptial agreement is right for your situation.

Special Situations Justifying a Prenuptial Agreement

There are some special situations that justify a prenuptial agreement. Both spouses need to talk to a prenuptial lawyer. The attorney will be able to answer questions and give sound legal advice. Here is a list of special situations justifying a prenuptial agreement:

• Owns a large amount of real estate
• Owns a lot of assets other than real estate
• Earns a six figure or more yearly income
• Retirement benefits
• Stock options or profit sharing
• Owns an advanced degree
• Heir to a large estate
• Owns a business or part of a business

Things to Include in a Prenuptial Agreement

You and your future spouse agree that a prenuptial agreement is necessary for your situation. Here are some things to include in your prenuptial agreement:

• Estate planning to provide for other family members
• Separate business
• Separate retirement benefits
• Each partner responsible for own debt
• Separate savings account
• Joint bank account for paying bills and miscellaneous items
Division of property and assets for a divorce
• Amount of maintenance (alimony) if necessary
Distribution of property and assets after death

Things to Exclude from a Prenuptial Agreement

Every state has laws about drafting prenuptial agreements. Every prenuptial agreement must meet the requirements for the particular state. There are some things that state laws prohibit in a prenuptial agreement:

• Anything serving an illegal purpose
• Spouse waives right to maintenance (alimony)
Divorces spouse for financial reason
• Making statements about personal matters
Child support and child custody issues

Challenging a Prenuptial Agreement

A spouse may dispute whether a prenuptial agreement is enforceable. You may want a lawyer to examine your copy to see if it meets the requirements set forth by your state. A legal professional knows the laws about prenuptial agreements. Here are some reasons you may want to challenge the content of a prenuptial agreement:

• The hiding of assets by either spouse
• Pressured to sign prenuptial agreement a few days before marriage
• Leaving either spouse with little or no assets
• Did not have separate attorneys examine the prenuptial agreement

You and your future spouse may want a prenuptial agreement to settle any future issues. Both future spouses should talk to prenuptial agreement attorneys for information. The Bronx Prenuptial Lawyers can help you with all prenuptial agreement issues. You should write down any questions or concerns before your appointment.