Increasingly, the happy couple planning their ultimate union has added an item to the checklist of matters to address prior to The Big Day.  Alongside arranging the wedding site, reception hall, flower, gowns and the like, is more often listed “sign prenuptial agreement”.

In a more complex, dual income, fast-paced world, and in a world where no-fault divorce means that either party may choose to terminate “until death do us part” by simply swearing that the parties have not gotten along for at least six months, persons planning to marry, or their parents, or business partners have more frequently begun to delicately approach the subject of preparing a prenuptial agreement.

New York Law provides a weighty frame work to determine the division of spoils at the time of marital breakup, together with maintenance (alimony) and other vital matters such as custody and access to children and providing for their support, college education, and other needs.  Just as one who fails to write a will must rely upon New York State’s imagination as to what would have been provided in that will by way of property distribution, the divorcing couple will have imposed upon it a dissolution plan crafted by the State of New York, unless they do something to control their own destiny in the event of divorce.

Domestic Relations Law Section 236 (C) invites and encourages persons to make their own deal except in the area of child custody or the support of yet unborn children. Plans may be made with respect to future maintenance, unless one of the parties were to be at risk for becoming a “public charge”, and then the couple can address how to treat assets both owned before the marriage and  accumulated during the marriage.

Even couples who have no prenuptial agreement are entitled to protect those assets that they held prior to saying “I do”.  Increases in value (called appreciation) however, become marital property.  But often, in the course of living a married life, people make routine choices that will be deemed to have evidenced an intent to share the separate property, by placing a spouse’s name on a deed or joint bank account for example, (called transmutation) or by mixing marital property (post marriage paychecks for example) in an account that had previously been deemed pre-marital (called comingling).

There are many good reasons to make plans for things that we hope never happen. We don’t drive without insurance in the hiope we will w Increasingly, the happy couple planning their ultimate union has added an item to the checklist of matters to address prior to The Big Day.  Alongside arranging the wedding site, reception hall, flower, gowns and the like, is more often listed “sign prenuptial agreement”.

In a more complex, dual income, fast-paced world, and in a world where no-fault divorce means that either party may choose to terminate “until death do us part” by simply swearing that the parties have not gotten along for at least six months, persons planning to marry, or their parents, or business partners have more frequently begun to delicately approach the subject of preparing a prenuptial agreement.

New York Law provides a weighty frame work to determine the division of spoils at the time of marital breakup, together with maintenance (alimony) and other vital matters such as custody and access to children and providing for their support, college education, and other needs.  Just as one who fails to write a will must rely upon New York State’s imagination as to what would have been provided in that will by way of property distribution, the divorcing couple will have imposed upon it a dissolution plan crafted by the State of New York, unless they do something to control their own destiny in the event of divorce.

Domestic Relations Law Section 236 (C) invites and encourages persons to make their own deal except in the area of child custody or the support of yet unborn children. Plans may be made with respect to future maintenance, unless one of the parties were to be at risk for becoming a “public charge”, and then the couple can address how to treat assets both owned before the marriage and  accumulated during the marriage.

Even couples who have no prenuptial agreement are entitled to protect those assets that they held prior to saying “I do”.  Increases in value (called appreciation) however, become marital property.  But often, in the course of living a married life, people make routine choices that will be deemed to have evidenced an intent to share the separate property, by placing a spouse’s name on a deed or joint bank account for example, (called transmutation) or by mixing marital property (post marriage paychecks for example) in an account that had previously been deemed pre-marital (called commingling).