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The Advantages of Pre-Nups

The Advantages of Pre-Nuptial Agreements: An Overview

Divorce rates in America have peaked over the fifty-percent mark in the past generation and because of this, the pre-nuptial agreement has gained new relevance both in New York and across the country. A pre-nuptial (or pre-marital) agreement, when completed, expresses the responsibilities and obligations of future partners throughout the course of a marriage and the terms of termination in the event of divorce or death. The final signed documents act as a legally enforceable contract, which can ensure that both property and assets are allocated exactly as the parties wish.

The common misconception now held by prospective seekers of pre-nuptial agreements and the general public is that the agreement is a defensive and distrustful (even suspicious) legal exercise that can injure a marriage before it is official. This is not the case, however. In fact, without a pre-nuptial agreement it is possible for the state to grant or divide assets as it feels appropriate if a marriage is terminated; this process can effectively remove the influence of one or both parties, and in some cases the final arrangement may only reflect the interests of one individual, leaving the other at a serious disadvantage. The purpose of a pre-nuptial agreement is simple: it guarantees that both individuals are legally recognized if a marriage is terminated.

The advantages of pre-nuptial agreements are significant. Perhaps the most important benefit of pre-nuptial agreements is that (1) the agreed terms can prevent future litigation and court proceedings—this decreases personal cost in terms of time and monetary investment. (2) Agreements also allow for a framework of understanding to be established by a couple with considerable or modest personal holdings. (It is important to note that a pre-nuptial agreement is not an agreement reserved for the exclusively wealthy.) Also, by properly executing a pre-nuptial agreement, (3) the two partners can protect external family or business assets that are not associated with the future spouse or were associated with a previous marriage. Generally, completion of the process (4) effectively eliminates unforeseen interference. The benefits of a pre-nuptial agreement are not limited to finances, however, as the process allows both partners to respectfully discuss and appreciate the personal goals and aspirations of their partner.

Pre-nuptial agreements are not defensive plans but are better characterized as contingency plans for the future, so that should a relationship prove flawed or differences arise, there is a legal basis already in place that offers mutual security.

If you are seriously considering a pre-nuptial agreement or would care to know more, David L. Isaacson, Attorney at Law, is available for appointments and consultation.

Make a appointment today -

David Isaacson, ESQ
New City, New York
845-638-3333

Note: If children are included in the pre-nuptial proceedings it is possible to delegate the responsibilities of each parent regarding the child.