Protecting Assets And Mutual Understanding Through Prenups And Postnups
Protecting financial futures is on many people’s minds when they are preparing for marriage and have substantial assets. The topic of prenuptial and postnuptial agreements can seem intimidating. On the other hand, the honesty involved can be refreshing, as neither party will need to harbor secret thoughts but can bring them into the open.
Many engaged and married couples discover that by discussing prenups or postnups, they can be intentional and transparent about their mutual expectations regarding their relationship and ownership of assets during marriage as well as after a hypothetical divorce. Life partners can create a contract to override usual property division assumptions in case of a divorce.
At The Law Firm of Poppe & Associates, PLLC, there is a clear acknowledgment of people’s typical reluctance to bring up the topic of a prenup or postnup. Financ(é)es or spouses are naturally reticent to openly discuss the possibility of a divorce someday. However, many overcome this hurdle by thinking of prenups and postnups as something like insurance.
Factors That Make A Prenup Or Postnup Obviously Sensible
You may want to consider contacting an attorney at Poppe & Associates about negotiating a prenup or postnup if any of the following apply in your lives:
- One person has separate or premaritally owned assets such as a home, stocks or retirement funds.
- Either or both own business(es) or share business ownership with a third party.
- Either is likely to receive a substantial inheritance.
- Either or both people have children and/or grandchildren from a previous marriage.
- One fiancê(e) or spouse is much wealthier than the other.
- One will be supporting the other through college (or has already done so).
- Either or both of you will need to care for elderly parents or a disabled adult sibling.
- One or both of you are or will be in a potentially lucrative profession such as medicine.
- A big increase in income is anticipated because either person’s business is taking off, or a garage band one of you has been playing in has just gotten a contract with a big record company.
- You have gone through a serious rough patch in your marriage; you are working at reconciling and want to remove financial worries from the healing process in your relationship. (Perhaps one of you has had an alcohol, drug or gambling addiction, for example).
Individual circumstances vary, but the above hypotheticals are examples of situations that have prompted many engaged and married couples to decide to create prenups or postnups.
Frequently Asked Questions About Prenups And Postnups
If you have questions about marital agreements, you’re not alone. Below, you will find general answers to common inquiries.
How Should I Ask My Fiancé About A Prenuptial Agreement?
Bringing up a prenuptial agreement requires thoughtful consideration. Start by expressing your commitment to the relationship and explaining that a prenuptial agreement can protect both of you. Talk about the benefits of a prenup – how it can establish clear expectations, minimize or avoid any disputes, and set a strong foundation for thorough, transparent communication.
It’s wise to discuss prenups early on in the engagement, so both you and your fiancé ample time to consider their options and seek independent legal advice.
How Should I Respond If My Fiancé Asks For A Prenuptial Agreement?
If your fiancé has asked you for a prenup, take time to process the request without jumping to conclusions. It’s important to view this as an opportunity for mutual protection and enhanced communication rather than a sign of mistrust. Ask for clear reasons behind the proposal and discuss it with a lawyer who can provide an unbiased perspective.
What Are The Differences Between A Prenuptial Agreement And A Postnuptial Agreement?
Both prenuptial and postnuptial agreements are legal tools to manage the financial aspects of marriage, but they are executed at different times. A prenuptial agreement is signed before the marriage, outlining the handling of financial affairs and the division of assets in the event of a divorce or death. A postnuptial agreement is similar but is entered into after the couple has already married. While both agreements serve similar functions, the timing of each gives rise to different legal considerations and implications.
Work With An Experienced Family Law Attorney
Kamelia “Mia” Poppe, Esq., has helped countless couples in New York City discuss and prepare for prenups and postnups. Please note that she will represent one of you, and the other should have their own lawyer. Without giving advice, she will gladly explain the process in an initial consultation with both of you.
Contact Poppe & Associates today via email or by phone at 646-665-3903 and schedule your consultation to discuss a prenup or postnup.