Prenup Agreement

5 Tips on How to Handle Your Fiancée When You Want a Prenup but They Don’t

You just got engaged and are over the moon excited to spend the rest of your life with the love of your life, but you also have lots of planning to do. Part of the wedding planning process is also having difficult conversations with your spouse about your future together. Let’s say that you want a prenup, but your spouse does not want to get a prenup; as much as you may want to dance around this topic, it is best to communicate openly with your fiancée. A marriage that is built on mutual trust and open communication is always a good thing.

If you are contemplating having the “prenup” conversation with your fiancée because you already know that they are against it; the tips below may be helpful to you.

5 Tips on Navigating the “Prenup” Conversation with Your Fiancée

Acknowledge Their Feelings and Why They Feel the Way They Do: Some people may view a prenup as a lack of trust and it is important to realize it may have nothing to do with you. It may have to do with how they were raised and how their parents’ relationship impacted and shaped them. In this case, it is critical to reassure your fiancée that you do trust them, and this has nothing to do with your love or commitment for them.

Be Able to Communicate Your “Why” for Wanting a Prenup: Just as you should empathize with your fiancée; they should also be able to take your feelings into account. Base your reasoning on facts rather than emotions. If you can present a logical dialogue that can show your fiancée that having a “prenup” in place is meant to benefit both parties and not just you.

Pick the Right Time to Have the “Prenup” Conversation: Know your cues and if your fiancée just had a bad day or came back exhausted after a long business trip, find another day to have that discussion. A day when they are in a good mood and do not have too many other distractions. You can also let them know that you want to discuss some marriage plans, so they are not completely caught off guard. When you do talk, you also want to make sure that you take their feedback into consideration and are empathetic to their feelings.

Pick the Right Place to Have the “Prenup” Conversation: Just as you need to know your cues for the right timing, you will also want to have the conversation in the right place. Talking about a prenup is a serious and sensitive topic. Choosing the right place to have the conversation is also important and it is recommended to choose a place that is neutral – so, it may be on a park bench or at a local diner. It is not recommended to have this conversation at home or at your favorite restaurant. You want to keep those places safe, sacred, and loving. So choose a neutral quiet place where you can both still have privacy but does not have special meaning to the two of you.

Consider Working with a New York Prenup Attorney and Mediator Who Can Help: Sometimes it is easy to let your attorney have difficult conversations with your fiancée, and they may be able to address their concerns and come to a resolution that works for both of you.

Compromising is Key: Marriage is all about give and take, so be prepared to compromise with your future spouse. You may not agree 100% on everything but if you can meet halfway, it may allow you to move forward in the “prenup” process.

Consult a New York Prenup Lawyer if You Need Help with a Prenup

Contact Sabra Law Group today to speak to an experienced New York prenup lawyer and mediation attorney who can provide you with the legal guidance you need. Call today at (646) 472-7971.

A New York Prenup Lawyer Shares Why More Middle-Class People Are Getting Prenups

Prenups are no longer just for high net-worth individuals and Hollywood celebrities. People are coming to the realization that a marriage may not always be “happily ever after.” This is why New Yorkers are getting more serious about protecting their future. The reality is that no one wants to think about getting divorced when they are getting married, however; it is important to be prepared “just in case” things don’t go as planned. Prenuptial agreements are becoming more mainstream because people are understanding the importance of protecting their future. Whether they want to protect their beloved pet, the family business, their assets, their children, or their family inheritance. If you are confused about if a prenup is right for your personal situation, it is best to consult a New York prenup lawyer who can guide you based on your unique situation.

What is a Prenuptial Agreement and What Should it Include?

A prenuptial agreement (aka a prenup) is a legally binding document that a couple signs prior to getting married that dictates how they will divide their assets, debts, real estate properties, and even pets, in the event of a divorce.

A prenup agreement should include both assets and debts that each person is bringing into the marriage. The prenup agreement should outline how certain assets and debts should be divided up if the couple ends up divorcing.

A knowledgeable New York prenuptial agreement lawyer can guide you on how to best set up a prenup agreement based on what factors are most important to you. Your prenup attorney can also inform you of any change in New York laws that may impact you.

New York Millennials and Middle-Class Couples Are Safeguarding Their Future

More and more millennials are opting for getting a prenup agreement before saying there are vows. These millennials may be middle-class or upper-middle-class professionals and entrepreneurs and they are concerned with not losing everything they have worked so hard to build up. Because they were not born into a wealthy family, they want to make sure that they protect themselves and their assets in case their marriage must end unexpectedly.

Prenups are not only there to protect the wealthy spouse, but they are also there to protect the less well-off spouse as well. What goes into your prenuptial agreement and how it is outlined is imperative to having a solid prenup agreement. A knowledgeable New York prenup attorney can help you determine what needs to go in a prenup agreement to protect you and your future.

Once You Decide You Want a Prenup How Do You Have That Talk with Your Future Spouse

The best way to approach your spouse about a prenup agreement is to ask them first what their thoughts are about financial matters related to being married. Then you can open the conversation by further asking if they have any concerns about their financial future if the marriage were to end. By having an open and honest discussion with your future spouse you can see where their head is at, and you can also let them know how you're feeling. After all, a marriage is a partnership, and you should be able to speak to your partner openly about getting a prenup agreement. Ultimately, it shows that you are looking out for both of your interests.

Why You Should be Completely Honest and Open About Your Assets and Liabilities

If you fail to disclose the details of your total assets and liabilities it can later be used against you in court. It is best to be upfront with your New York prenup attorney so that they can help you structure a prenup agreement that is best designed to protect you and your spouse.

Wondering if a Prenup is Right for You?

Contact Sabra Law Group today at (646) 472-7971 to schedule a private and confidential consultation with a New York prenup lawyer and safeguard your future.

How to Protect Your Future as a Married Couple in New York with a Prenup

As a New York prenup attorney, I have seen people fall in and out of love. Some people associate prenups with a negative connotation and think that it reflects a lack trust or love. However, the reality is that a prenup can be a token of love and commitment to protecting each other in the future. It is a terrific planning tool and the discussions that emerge during the creation of prenup terms serves to strengthen the relationship.

Why Prenuptial Agreements Are an Important Part of Getting Married

A prenup agreement is a legally binding contract that dictates how assets and property will be divided and distributed in the event of a future breakup. A prenup agreement all of the financial matters in a marital relationship which can include (or exclude) real estate and investment property, savings, investments, businesses, and debts.

Believing that Prenups Are “Just for the Wealthy” is a Myth

Prenups are no longer just for the wealthy, and couples from all income levels can reap the benefits of having a prenup in place, just in case. A prenup can also help a spouse ensure that their family business remains in their family. On the other hand, it can also protect a spouse from the enormous debt their partner may have acquired over time. They can be beneficial for couples of all income levels and in the event this is a second or third marriage for either partner and where there are children from prior relationships. A prenuptial agreement is a viable way to protect your credit and your future financial health.

Prenups Can Help Couples Avoid a Long-Drawn-Out Costly Divorce

One of the reasons a divorce ends up in court and can take years of litigation is because the couple is battling over assets, property, savings accounts, businesses and other investments. Not only is this a long process but it can also take an emotional and financial toll on all involved. When a couple has a prenup in place which effectively and clearly addresses how assets, property, and investments will be divided between them; it will settle those issues between them and expedite the divorce process. Divorce doesn’t have to be emotionally and financially draining; consider a prenup as “insurance” for your marriage.

Consider a Prenup as a Symbol of Love and Commitment to Your Partner

By openly communicating about protecting each other’s financial future and discussing your commitment to each other, it can also serve to bond and strengthen your relationship.

You Can Have Your New York Prenup Attorney Modify Your Prenup as Your Life Situation Changes

Once you have been married for many years, you may need to adjust your prenup based on your financial situation and other factors that may impact your original prenup agreement. This will allow your prenup to remain relevant and ensure that it meets your needs for the long-term.

Consider a Prenup Agreement if You Are Getting Married or Recently Engaged

A prenup can help you avoid a lengthy and expensive divorce process and protect your assets. It also enables you to symbolize your love and commitment to each other. If you want more information about creating a prenup agreement, call Sabra Law Group to speak to a New York Prenup lawyer at (646) 472-7971.

Why You Might Want to Consider a Prenuptial Agreement if You’re Getting Remarried

Everyone deserves to find love and be happy! If you are lucky enough to find the love of your life after previously being divorced, you should be open to getting remarried but you might be more cognizant of protecting your assets and your future.

Maybe you didn’t have or consider a prenup agreement the first time around and your marriage ended; was it a smooth divorce or was there conflict over assets and finances?

Consider a Prenup Agreement as Your “Just in Case Insurance Policy”

When people get married, they obviously want and envision a happily ever after, but it does not always work out that way. Some fairy tales end in a long-winded, expensive court battle. This can be avoided with a prenuptial agreement. A prenup agreement is like an “insurance policy” it's a just-in-case if things don’t go as planned.

What is a Prenuptial Agreement?

A prenup is an agreement between two people who are getting married that defines what property is marital and what property is considered premarital, or off-limits, in the event of a breakup. A prenuptial agreement is similar to a partnership agreement when two people decide to go into business together. The prenuptial agreement can also protect the assets of both parties from property settlement claims from the other person if they end up divorcing.

Reasons to Consider a Prenuptial Agreement

The advantage of having a prenup agreement is that there is a clear course of action regarding how property, assets, debts, and even pets will be handled if the marriage were to end.

It is also a good idea to consider a prenup if one spouse makes a lot more money than the other, or it is anticipated there may be a future inheritance that you want to protect.

Statistics have shown that the divorce rate for second and third marriages is around 60% to 70% versus 45% to 50% for first-time married couples (source: United States Census Bureau); therefore, a prenuptial agreement may not be a bad idea.

Even if you're not sure if a prenup is right for your relationship it is important to sit down prior to marriage and discuss finances and how matters will be handled during the marriage, as well as consideration in the event the marriage were to end. It is critical to have a clear understanding of what the expectations are of each spouse.

Another advantage of having a prenup agreement is that it can give each person in the relationship a sense of security before “tying the knot.”

A prenup may also be a good idea if there is a huge age gap between each partner. If one partner is a lot older, the younger partner needs to consider what will happen to them and their well-being if their partner were to pass away and how they would be taken care of. That consideration is true even if the couple decides not to enter into a prenuptial agreement.

One Important Consideration

The subject of having a prenup agreement must be discussed between both parties and they both must agree to sign a prenup; otherwise, there can be tension in the relationship.

Consider a Prenup Agreement if You Are Getting Remarried

Contact Sabra Law Group to learn if a prenup agreement is right for your remarriage. Call today at (646) 472-7971.

Why You Don’t Need a High Net Worth to Have a Prenup in New York

Why You Don’t Need a High Net Worth to Have a Prenup in New York

Prenuptial agreements are no longer just for the wealthy. A prenup makes sense for any couple entering a marriage to safeguard their assets and investments. You don’t need to have a high net worth to have a prenup in New York.

What is a Prenup and When Should You Get a Prenup?

You should get a prenup with your spouse before marriage or living together. When you get engaged, that is the ideal time to consult a New York prenup attorney.

A prenuptial agreement is a legal contract that protects what each spouse was able to accumulate before getting married. It also prevents disputes over when the property was acquired.

The prenup can be an act of love rather than just a contract if done correctly. Another perspective is that a prenup is a way to show each other how you care and how you love one another, and is an opportunity, in a loving way, to discuss money, finances, assets, and debts and to decide together how you will each protect your family and assets in case one spouse passes away as well as how you will provide for one another in the event of a divorce.

The agreement should state what each person owns now, how assets and debts accumulated in the future will be split in the event of death or divorce, as well as how the couple will manage their finances while they are married. And, if there are children who are already a part of the family, the prenup can also address child custody.

Love is Worth the Risk

Marriage is more than just an agreed-upon contract. Marriage signifies love and devotion for your mate, which makes the relationship worth the risk. Protect your relationship with a prenuptial agreement.

How You Can Reduce the Risk of Divorce So You Never Have to Use Your Prenup

One of the main reasons that marriages fail in New York is due to the lack of communication. Talking openly about problems, as a couple, is important for a long-lasting marriage. It is also important to communicate your needs to your spouse because they are not a mind reader.

It is also essential to balance work life and home life. If you are spending too much time on your career, and not enough time in your marriage, it can have a negative impact on your relationship.

Sign a Post-Nuptial Agreement if You Are Already Married

Even if you did not get a prenup prior to marriage, it is not too late to protect your assets. Post-nuptial agreements are similar to prenuptial agreements, except they are signed during the marriage. Couples sign them where there wasn’t enough time before the wedding, or when there are changes in financial circumstances such as if one spouse is entering into a new business partnership and they want to protect their business partners and their spouse from legal ramifications of the business, as well as to clearly define the marital and separate property.

Considering a Prenup Agreement?

Contact Sabra Law Group today at (646) 472-7971 to schedule a confidential consultation and get all your prenup questions answered.

Can My Prenup be Invalidated in New York?

Did you and your spouse sign a prenuptial agreement? Maybe it’s been several years and you’re wondering, “Can a prenup be invalidated?”

Prenups once were the province of wealthy people, but today they can be used to protect families in any tax bracket. Accordingly, lawyers are being asked to draft these agreements more frequently.

Perhaps it's only natural that some of the people who enter into these agreements are wondering whether or not they can be invalidated in New York. Invalidating a prenup is possible if certain grounds exist.

Keep in mind that a prenuptial agreement is a written contract. This means that it can be challenged in court just like other contracts. Such challenges are only likely to be successful if certain conditions are met.

One of these conditions is that the agreement is fraudulent. For instance, if one of the parties lied or made a misstatement of fact in the prenup. This typically involves one of the partners not disclosing all of their assets. If the wronged spouse can prove that certain income or assets were concealed at the time the agreement was executed, then the prenup may be invalidated.

Similarly, if one of the partners was forced or coerced to sign the prenuptial agreement, then it is possible to have this agreement invalidated in New York-based upon a claim of duress. Coercion can be difficult to prove, so it’s essential that you work closely with an attorney in such a matter.

Your lawyer alternatively may discover that there is a technical defect in the agreement. As an example, New York law states that these agreements must end with a signature block that is notarized in addition to certain required “acknowledgments.” If the prenup in question is missing these acknowledgments or was not notarized, then it may be invalidated according to state law.

It also is possible that the conditions of the prenup may be considered unconscionable by the court. This may be the case if the court finds that a reasonable person would never willingly agree to some outrageous terms. For instance, one-sided terms that give one spouse all of the assets collected during the marriage may not stand up in court.

Similarly, the court may decide to invalidate a prenup if both parties to the agreement were not represented by their own attorneys.

If you’re asking yourself, “Can a prenup be invalidated?” then it is probably time to call 646-472-7971 to schedule a consultation with Sabra Law Group.

Should You Buy a Property or Home with Your Boyfriend or Girlfriend Before Marriage?

Cohabitation before marriage is more common than ever these days, with the vast majority of couples living together before marriage. In many cases, these couples rent, but an increasing number of customers are buying a home together before they get married. However, this can lead to some legal and financial complications.

It's tough to say whether or not someone should or shouldn't buy a property together before they are married. Everyone's situation is different. Some couples may be able to make this purchase together with zero problems, and others may be on the verge of breaking up and somehow hope that their joint purchase will help to keep them together. However, there are some precautions that every couple should take before making a joint purchase if that's what they decide to do.

Some Precautions to Take Before Buying a House or Condo with Your Boyfriend/Girlfriend

First, if it is at all possible, make sure that both of your names are on any ownership and financing documents. This ensures that you both have legal control over the asset. It also prevents one party from potentially abandoning the relationship without having to suffer any of the financial consequences of paying for an asset. The worst-case scenario in this situation would be if one party were to abandon the relationship and not have their name on the property's ownership. In that situation, it would be possible for them to stick the financial obligation on the other party, causing a huge and unmanageable expense. Of course, the reverse could happen as well: It would be theoretically possible for the legal owner of the property to evict their partner, causing that individual to become homeless and potentially lose possessions.

Second, make sure that you are familiar with how the law treats unmarried couples before making a purchase. All fifty states have fifty different laws, and this is why it is so important to understand how your state would treat your relationship both before and after any marriage may occur. Remember, all states have different procedures for a variety of potential relationship circumstances, including common law marriage or no-fault divorce. Ensuring that you have an adequate understanding of these issues can prevent heartache and financial pain for both of you.

Unfortunately, many couples find themselves in a situation where their relationship has come to an end, requiring a variety of services, such as no-fault divorce, divorce mediation, property distribution, or more. If you live in the New York area and find yourself in need of such services, reach out to the Sabra Law Group at 646-472-7971. We can help protect your interests and assist you in coming to a speedy resolution for any of your legal issues.

Are People Still Dating, Getting Engaged and Married During the Pandemic?

Finding love during the pandemic may be difficult but it is not impossible. The pandemic has given people plenty of time to really reflect on their life and reassess what is really important. It has also forced couples who were quarantined together to realize that they do want to marry their partner.

The loneliness of being quarantined for months and months has made many people realize that they do want someone they love to spend the rest of their life with. For people who may have not considered marriage or being in a long-term relationship, the pandemic may have swayed them to explore the possibility of being in a long-term relationship or a marriage. Many people are realizing that they do not want to grow old alone or face another pandemic alone.

Couples that come to the realization that they truly belong together are still engaged during the pandemic. When it comes to setting the wedding date, some engaged couples may opt to set a wedding date further out than they normally would have. The reason for this is that social distancing the restriction of large events makes it difficult to have a wedding with all of your friends and family present. Some couples are also delaying their wedding date altogether to be after the pandemic is either over or is a bit more controlled.

Remember that Love is Still Alive

For those that are single during the pandemic, finding love may be one of the most important things on their to-do list. If you are single and looking; remember that love is still alive. It may just be a little more difficult to navigate through. While some people have put dating on the backburner due to the pandemic, others are continuing on their quest to find the love of their life. The human need for love remains high, especially during a pandemic when loneliness is quite common.

If you are looking for love during the pandemic, keep in mind that it may be easier to find and date someone locally versus someone who lives in another state. Travel restrictions and the fear of contracting the COVID-19 virus during travel can make a long-distance relationship a bit more difficult right now. Zoom is also a great way to date virtually until you are more comfortable meeting in person.

Don’t Forget to Protect Your Assets if You Are Getting Engaged or Married

If you are getting engaged or married and want to learn how to best protect your assets, contact Sabra Law Group at 646-472-7971 for a confidential consultation.

Why You Should Consider a Postnuptial Agreement if You Didn’t Sign a Prenup

Most people are at least somewhat familiar with the idea of a prenuptial agreement. Basically, it is a contract into which prospective spouses enter before they take their vows. The agreement may cover a variety of subjects like child custody, spousal support, and the division of assets that were brought into the marriage by each party.

By contrast, a postnuptial agreement is one that is entered into after the wedding ceremony. It may cover a number of the same subjects. Why would a couple consider signing such a contract?

Here are some of the most common reasons why couples draft a postnuptial agreement.

Children from a Previous Marriage

If you, your spouse, or both of you have children from a previous marriage, then you may have definite ideas about the inheritance that you would like your child to receive in the event of your death. Without a postnup in place, your estate likely will go to your spouse, which may leave your child(ren) out in the cold. Some state divorce laws may do the same in the event that you split up without having a postnup.

One or Both Partners Was Wealthy at the Time of the Marriage

People who get married with significant assets or who expect to inherit significant assets may want to protect their interests by having a postnup drafted. The contract ensures that both partners can leave the union without losing what they brought to the marriage.

You Received a Large Inheritance

A post-marriage agreement protects any sizable inheritance that you have received or may receive from a family member. Typically, any assets that come to you while you're married will be considered community or marital property in the event of a split unless you are careful and specific precautions are taken. A postnup agreement ensures that you keep your inheritance.

You're an Entrepreneur with a Profitable Business

If your business is really taking off, then you want to protect it. A postnup ensures that what you worked so hard to earn remains yours.

The Idea of a Prenup was Too Awkward

Many couples are made uncomfortable by the idea of discussing the possibility of a split before they've even said, "I do." A postnup makes it possible to plan for every future eventuality when the stress and excitement of the big day are in the past.

Contact the Sabra Law Group at (646) 472-7971 to learn more about having a postnuptial agreement drafted with terms that protect you and your interests.

How to Negotiate a Prenup Like a Pro

It sometimes happens shortly after an engagement. In fact, that's the best time for one partner to suggest that they discuss the idea of a prenup.

Why is it critical to talk about signing a prenup soon after the engagement? It gives the couple time to get used to the idea as well as providing an opportunity to calmly, rationally discuss the possibilities. This may be crucial if one partner is reluctant to sign a prenuptial agreement.

Starting early also provides the couple with more of a chance to negotiate a prenup like a pro. They'll have time to consider all of the paths that the future might take, and that gives them an opportunity to protect themselves, each other and their future children.

It's also wise for couples to hire their own attorney when they are drafting a prenup. An experienced lawyer knows how to structure a prenuptial agreement so that it's legally enforceable. Moreover, the attorneys can help the couple decide exactly what should and should not be included in the agreement. Consider interviewing more than one attorney so that you each find the legal professional with whom you feel comfortable working.

Negotiations for your prenup will be smoother if each partner strives to see the viewpoint of the other and to understand what is most important to them. The best prenups, and the best negotiation processes, happen when both parties feel that their concerns have been heard and addressed. Accordingly, it makes sense to enter the process with an open mind and with a focus on your partner's needs.

The process of drafting a prenuptial agreement also goes better when both partners are equally involved. While you both may verbally agree on the major tenets, it's sensible to keep each partner fully involved at every step of the way. Some couples agree to meet in a 4-way meeting together with each of their respective counsel. This way they all get on the same page and hash out and any disagreeable terms before the agreement is drafted.

Couples also are encouraged to be open to including a mediation clause in their prenuptial agreement. In the event that the couple separates and contemplates a divorce, a mediation is a low-conflict, more amicable means for the former partners to go their separate ways.

If you and your soon-to-be spouse want to learn more about how to constructively negotiate a prenup, then give the Sabra Law Group a call at (646) 472-7971.

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