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Pre-Nuptial

Marriages Don’t Last Forever: A PreNup Exists for a Reason

The importance of a prenuptial agreement should be apparent to marrying couples by now. The agreement does not serve to prevent two people from believing in the ideals of marriage, or even doubt the trust between a couple looking to “tie the knot,” but it instead secures stability. You cannot be too careful these days, as 40 to 50% of marriages in the US end in divorce. This is why a prenup exists—to keep an individual’s life intact. Before getting married, you should know there are a range of factors to consider. This does not only involve sharing finances, properties, and assets,...

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Will the Court Throw Out Your Prenup?

Prenuptial agreements are gradually becoming more common among high net worth couples, and the days when people thought of getting one as insulting or selfish are long past. Now, it seems almost expected, as couples have learned how helpful it can be in case the marriage sours. Having a prenup in place does not automatically guarantee the safety of your assets, however. Many people do not realize that it is still possible for their spouse to contest the prenup. The court has the right to dismiss the agreement if it finds the terms unconscionable. This often leaves one party in a...

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What is the future of pre-nuptial agreements in New York?

Pre-nuptial agreements have had a longstanding history of being iron clad contracts that were rarely challenged and if challenged upheld on a consistent basis.  That appears to no longer be the case in New York as Courts are beginning to hear arguments from spouses in support of vacating these agreements.  The latest pre-nuptial agreement overturned occurred in Nassau County where it has been reported that the Judge vacated the agreement as it would have left the spouse "practically destitute"....

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