What Are Prenuptial Agreements

Prenuptial Agreements

WHAT IS A PRENUP?

PRENUPTIAL AGREEMENTS IN NEW YORK & WHY YOU SHOULD HAVE ONE!

Written by: Jamel Oeser-Sweat, Esq.

Copyright 2012

Prenuptial Agreements New York Lawyer

MOST PEOPLE DON’T BELIEVE THEY NEED A PRENUPTIAL AGREEMENT!!!

IF YOU ARE GETTING MARRIED, YOU NEED A PRENUPTIAL AGREEMENT!!

It’s easy to say “Rich People Use Prenuptial Agreements!” However, such a statement shows a lack of understanding of what a prenuptial agreement is. What is a prenuptial agreement?  What are Prenuptial agreements? If you are getting married, ask yourself the following questions:

  • Who is going to pay the bills?
  • Is there going to be a joint bank account?
  • Once we get married, when I get my paycheck, does the money go into a separate account or into a joint account?
  • Do we want children? How many?
  • When are we planning to have children?
  • Is someone planning to go back to school?
  • Am I in school getting a professional degree? Will the degree be marital property?
  • Who will own my business once I get married?
  • Do I have life insurance?
  • Do I have a will?
  • What if my parents get sick, can they move into the house?
  • Are we going to have pets? Do I like pets?
  • How are we going to buy the place that are going to live in?
  • I have a small savings. If we need money, am I going to get my money back?
  • If we break up before getting married, what is going to happen to the ring?
  • What is a prenup?

Most of these questions are not “rich people” questions. But the answers to these questions and others like them can be a BIG DEAL! A prenuptial agreement does not just deal with big assets. A prenuptial agreement is a road map. An agenda of sorts for a life together. It should be used to start a discussion that will lead a couple to make the decisions that will be necessary to build a life together. Today’s boyfriend is tomorrow’s husband. Today’s girlfriend is tomorrow’s wife. Don’t wait until something goes wrong and you are considering divorce and hiring a divorce lawyer to ask these questions or address these topics. Once you are married, it is already more difficult to start dealing with the above questions and questions like them without creating a level of stress and duress that could have been avoided by a premarital conversation and a consultation with a lawyer that is familiar with New York Law.

Prenuptial Agreement

DID YOU KNOW THAT IN NEW YORK STATE, A DEGREE OR LICENSE OBTAINED DURING THE MARRIAGE CAN (AND PROBABLY WILL) BE CONSIDERED MARITAL PROPERTY?

In New York, for divorce purposes, there are two types of property: Separate and Marital. Separate Property is property you had before the marriage. It can even be property that you would have had and gotten outside of the marriage, such as an inheritance. Marital Property is property obtained during the marriage. So you buy a house before you get married, it is separate property. Buy it after, it is marital property. However, the law really is not as simple as this explanation makes it seem. There are exceptions and ways to commingle separate property with marital property. A lawyer can explain these things to you better.

Degrees and licenses obtained during a marriage can be marital property. We should say are marital property, but lawyers don’t speak in absolutes (and this is not intended in any way to create an attorney-client relationship). That means that if you go to law school or medical school, or even clown school, while you are married, the degree is marital property. If you get divorced, it is part of the distribution of assets or equitable distribution that must be completed in order to get a divorce. Some of your future income earned as a clown may end up going to your wife! Why does that make you sad? Smile, you are a clown!

Prenuptial Agreements

COMMUNICATION IS THE KEY TO A SUCCESSFUL MARRIAGE!!

Most people view prenuptial agreements with hostility and disdain. It can be an uncomfortable subject for many people. However, our firm does not take the view that a prenuptial agreement is about protecting property. Sure, it can do that. However, when we draft prenuptial agreements, we are drafting an agenda. A prenuptial agreement should be used as an agenda for discussion. The prenuptial agreement should not just cover property, wealth and assets. It should memorialize decisions made during one or more conversations in which a couple plans how hey decide to live their lives. Having a premarital discussion with your future life partner should NEVER be uncomfortable. This discussion should not center on property. You should discuss the type of lifestyle that you want to have, how many children you want to have, a five-year plan, parents, siblings, where you want to live, how bills are paid, and a road map for a life together should be constructed. Of course, it is said “life is what happens while you are planning.” That being said, as a couple, you should continue to have open discussions and evolve with the cards that are dealt to you. However, the prenuptial discussion, which is really necessary before a couple gets married, should be memorialized. It should not be a document that causes hostility between a couple but rather, a life jacket, prepared in case of emergency and tucked away for the rest of what is to be an amazing journey through life together.

Prenuptial Agreement New York Lawyer

STILL UNCOMFORTABLE? GET OUT YOUR CRAYONS AND STICKERS! MAKE BIG WALL SIGNS AND MAKE THE DISCUSSION FUN!

Ask any child, nothing can be more fun than writing on a wall with chalk or crayons. As a couple, one idea for facilitating the discussion is to keep “minutes” of your conversation in chalk or crayon on a park floor or on a wall. Draw pictures. Take Pictures of what you are doing. Make it fun. Just because you are dealing with serious issues does not mean that you have to be stiff and boring. This is a conversation about the life you will spend with the person you love. Make this moment an exciting and enjoyable one! If your lawyer is a good one, he or she will accept your notes in crayon!

Images Courtesy of photostock

Crayon Heart Image “Picture Love” is Courtesy of Luigi Diamanti

CRIMINAL LAW

 THE ABOVE COMMERCIAL IS ATTORNEY ADVERTISING & THE PERSONS THAT APPEAR ARE COMPENSATED SPOKE PERSONS. PRIOR RESULTS ARE NOT INDICATIVE OF FUTURE OUTCOMES.

The attorneys at Oeser-Sweat, P.C. have worked for over 11 years to provide quality representation in criminal matters to clients.  Most law firm sites are commercials which attempt to lure clients into hiring the firm. Unfortunately, Oeser-Sweat, P.C. is not able to take every client that attempts to hire our firm.  Our firm, through its various online and offline resources, assists over three thousand (>3000) people a month with the process of finding persons who have been arrested, negotiating the arrest & arraignment processes, and defending against criminal allegations.  Our law firm was started ten years ago with the goal of providing quality representation to our clients.  Whether our clients are famous, infamous, or every day people, we strive to treat our clients as people who have a right to defend their cases.

Such being the case, you may find that our firm is not always very responsive to individuals who come from outside of our network of clients.  This sometimes frustrates people.  This is understandable.  However, we have limited resources given the amount of attention we sometimes get from individuals seeking assistance.  Our attorneys have written books on DNA evidence, handle high profile and high intensity cases, and run online resources which currently get over 30,000 page views a month.  We love to get new clients, but not at the expense of our current clients.  Such being the case, we apologize to anyone who may have been frustrated by our frequent decisions to decline to represent individuals who may be unknown to us or who do not come as referrals from our clients.  However, making these decisions is the only way to ensure that those people we have committed to already get the representation that they deserve and need.   To that end, we have been committed to providing resources to individuals who need help finding their loved ones and negotiating the criminal justice system.  This site and our other sites have information which may help individuals who are not able to hire our firm.

The information on this site and on our other sites is provided for informational purposes.  No attorney/client relationship is intended.  If you are interested in hiring our firm to help represent you or a loved one in a criminal case, please contact us at 212-675-7955 or CLICK HERE to send our firm your information.

 

IF YOU ARE LOOKING FOR INFORMATION BECAUSE A LOVED ONE WAS ARRESTED AND IS CURRENTLY WAITING FOR AN ARRAIGNMENT,

PLEASE GO TO OUR ARRAIGNMENT INFORMATION SITE:

Oeser-Sweat Criminal Law

CENTRALBOOKING.INFO

FOR GENERAL ARREST AND ARRAIGNMENT INFORMATION CLICK HERE:

New York Criminal Lawyer

ARRAIGNMENT INFORMATION

 

Criminal Law Practice Aspects of our criminal practice include:

  • Surrenders
  • Police Contact Counseling and Intervention
  • Volations
  • Misdemeanor Cases
  • Felony Cases
  • Traffic Cases
  • DWI/DUI Cases
  • Arraignments
  • Bail Applications
  • Appeals
  • Litigation Support
  •  DNA Cases

We represent criminal clients in the five boroughs of New York City, as well as in Westchester, Nassau and Suffolk Counties.  We have also represented clients in the Federal Courts of the State of Vermont.

REPRESENTATIVE CRIMINAL AREAS

Domestic Disputes
Assault/Attempted Assault
Driving While Intoxicated (DWI/DUI)
Narcotics Matters (CRACK, COCAINE, MARIJUANA, ETC.)
Murder/Attempted Murder
Violation of Probation
Violation of Parole
Sex Offenses/Rape
Burglary/Robbery/Theft
Guns/Firearms/Weapons
White Collar Crime
Fraud/Mortgage Fraud/Insurance Fraud/Health Care Fraud
Bribery
Gambling Offenses
Police Surrenders
Arraignments
Bail/Bail Reduction
Certificates of Relief from Civil Disabilities

 

Representative Cases:

United States v. Client, et. al.
Multi-country Drug Conspiracy Case. United States District Court, District of Vermont
Mr. Oeser-Sweat represented Client.
It was alleged that Client and others directed and employed a Canadian citizen, who was arrest when he attempted to enter the United States from Canada at the port of entry in North Troy, Vermont in possession of 5,252 ecstacy tablets taped to his body. Client was sentenced by Chief U.S. District Judge William K. Sessions, III, to 4 months in prison and 4 months of home confinement for his role in a conspiracy to import Methylenedioxymethamphetamine, also known as MDMA or ecstacy, into the United States from Canada on December 31, 2005. Upon completion of his prison sentence, Client will be on federal supervised release for a period of 3 years.
Read more:

People v. Client, et. al.
Attempted Murder Case – Bronx County
Mr. Oeser-Sweat represented Client. After several years of litigation, The charges against Client were dropped as the Bronx District attorney’s office conceded that they could not make their case.

People v. Client
Statutory Rape/Gang Assault Case. Queens County Supreme Court. Mr. Oeser-Sweat represented Client. Four individuals accused of being assailants who gang-raped 15 year old that was allegedly lured on myspace.  Sentenced by Justice Barry Kron.
Read more:
Myspace Case

Daily News Article

People v. Client, et. al.
Mr. Oeser-Sweat represented Client. Client was previously convicted of two felonies, a drug possession felony and a gun possession felony and was on probation for each in two separate counties. He was alleged to be in a caravan of SUVs in which several persons were found with firearms during a police stop. Client’s negotiated disposition was the mandatory minimum by law and he received two sentences of one year on each violation of probation to run concurrently with his sentence.

IF YOU ARE LOOKING FOR INFORMATION BECAUSE A LOVED ONE WAS ARRESTED AND IS CURRENTLY WAITING FOR AN ARRAIGNMENT, PLEASE GO TO OUR ARRAIGNMENT INFORMATION SITE:

CENTRALBOOKING.INFO

FOR MORE INFORMATION CLICK HERE:

ARRAIGNMENT INFORMATION

Image above Courtesy of Graeme Weatherston