Consider Prenuptial Agreements to Protect the Family


A Marriage creates a new family unit, whether it’s two individuals starting their lives or two families bringing children together in one home. Spouses almost always have the best interests of their children in mind in all things, but it is difficult to predict the future. Will the marriage be a happy and successful one? Will financial and other situations be stable?

Most parents are willing to take any reasonable steps to protect their families, yet as any divorce mediator in New York will tell you, one of the simplest and most effective is often criticized: A prenuptial agreement.

More than Money

The ‘prenup’ has a reputation in the media as a rich-person’s tool designed solely to protect their assets or inheritance from their spouse in case the marriage goes badly.  The fact is, however, that a prenuptial agreement can be utilized by anyone in any economic bracket to protect not only themselves but their children and other family.

While a divorce mediator in New York may be able to bring about a less emotionally turbulent end to a marriage, in the absence of a prenuptial agreement, emotional damage can still be inflicted via disputes over heirlooms, disputes over who contributed more financially to a marriage, and disputes over distribution of assets to offspring, especially in mixed marriages where offspring of one parent are no longer seen as the other parent’s responsibility.

In order to avoid these difficult situations that can challenge even the most effective divorce mediator in New York, a prenuptial agreement created in the calm and emotionally stable time leading up to a marriage is the best solution, since in the event that marriage falls apart, those contentious issues will have already been determined, so there is no stressful and unhappy negotiation to engage in.

If you or someone you know is in a relationship and planning to marry, a prenuptial agreement may be just the vehicle to consider to address and avoid future potential conflict.  Instances where prenuptials agreements are recommended include:

  • Either party has children from a prior relationship
  • Either party has assets or debt, including credit card or school loans
  • Either party has been previously married
  • There is disparate income between the parties

To determine whether a prenuptial (or postnuptial) agreement is right for you, please contact our office at 646-472-7971.

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