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Is a prenuptial agreement something you should consider?

On Behalf of | Dec 22, 2020 | Family Law |

Indeed, it can be one of “the most sensitive issues.”

We prominently note that sensitivity relevant to prenuptial agreements on our website at the long-established New York City metro law firm of Asterita & Associates.

Informed family law advocacy and diligent representation in the family law realm is a hallmark of our firm, with marital contracts sometimes emerging as key subject matter for our diverse and valued clients. Our proven and empathetic legal team always takes due care to educate individuals relying upon our counsel and to ensure they fully understand the role that a prenuptial contract might play in their marriage.

To be clear, prenups are not something that every couple should follow through on. An in-depth overview of prenuptial agreements duly stresses that, “Discussion of a [prenup] can create stress in a relationship.” Some marrying partners will inevitably conclude that executing a marital contract is akin to dousing marital ardor with ice water.

Not all couples, though. In fact, prenuptial agreements have materially gained in stature in recent years, with progressively more partners appreciating a number of clear upsides linked with them. A well-considered and soundly executed prenuptial contract can confer broad-based benefits, including these:

  • Safeguard separate property of one or both partners entering marriage
  • Secure protections for children of a former relationship
  • Specify desires concerning asset division if a divorce materializes
  • Spell out understandings concerning a family business
  • Protect one partner against high debt incurred by the other
  • Underscore agreement on wide-ranging matters (such as children’s education, religious upbringing and more)

And there is this too: Many couples say that dispassionately discussing a prenup prior to marriage is an instructive exercise that can help clarify key financial understandings and promote timely/candid conversation concerning a host of marital matters.