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

Divorce, Matrimonial & Family Law

Family Lawyer New York Manhattan

MATRIMONIAL AND FAMILY LAW PRACTICE

New York Divorce Lawyer

Our Matrimonial and Family Law Practice advises people at different stages of their relationship in an effort to ensure that our clients are able to face the challenges that life may present.  For some people, the challenge is a new relationship, or a new marriage.  For others, the challenge may be deciding whether a Prenuptial Agreement is appropriate.  Some of our clients have to deal with custody decisions.  Others may want to get separated from a spouse or to file for divorce.  Whatever, your challenge, Oeser-Sweat, P.C. can help you to figure out how to make positive decisions that can help you in creating better circumstances for yourself and your loved ones.

We represent individuals in connection with Divorce & Family Law cases primarily in New York City, Nassau County, Suffolk County, & Westchester County.  Whether you are looking for a Family Lawyer in New York or you are looking for a Divorce Lawyer in New York, we can help you!  Call 212-675-7955!

 

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

Jamel Oeser-Sweat, Esq.

NEW YORK LAW JOURNAL RISING STAR

Oeser-Sweat, P.C. New York Family Lawyers

Oeser-Sweat, P.C. New York Divorce Lawyers

DIVORCE IN NEW YORK STATE

In New York State there are many things that go into obtaining a divorce.  There are two types of divorces in New York State:

The difference between the two is that in uncontested divorces, no one disputes anything.  These divorces are the easiest.  They are also the rarest.  Often, because people don’t have many assets, they fool themselves into believing they have an uncontested divorce.  However, such is often not the case, especially when it comes to the greatest asset a family can have: CHILDREN.

If a married couple has a child or children and they have not resolved who will have custody or a visitation schedule, the divorce is not uncontested.  These issues must be resolved.

 

Some of the areas that our Matrimonial and Family Law Practice assists clients in include:

Prenuptial Agreements (CLICK FOR MORE INFORMATION)

Separation Agreements

Divorce

(contested divorce & uncontested divorce)

  • No Fault Divorce
  • Cruel and inhuman treatment
  • Abandonment for a continuous period of one year or more
  • Imprisonment for more than three years subsequent to the marriage
  • Adultery
  • Conversion of a separation judgment
  • Conversion of a written and acknowledged separation agreement after living separate and apart for more than one year
  • The relationship between husband and wife has broken down irretrievably for a period of at least six months

Divorce Lawyer Custody New York

Custody Agreements/Joint Custody/Visitation

Divorce Lawyer Joint Custody New York

Family Offense Petitions

  • disorderly conduct
  • harassment in the first and second degree
  • aggravated harassment in the second degree
  • stalking in the first second third and fourth degree
  • menacing in the second and third degree
  • reckless endangerment in the first or second degree
  • assault in the second and third degree
  • attempted assault

 

Matrimonial Law Updates


Images Courtesy of David Castillo Dominici

Startup/Small Business Law

Oeser-Sweat Small Business

The Law Offices of Oeser-Sweat, P.C. is particularly proud of its startup-small business practice!  Oeser-Sweat, P.C. was started at Sunshine Suites, one of the largest small business incubator spaces in New York City.  Sunshine Suites was one of Oeser-Sweat, P.C.’s first clients in 2003.

 

Sunshine Suites brags that its where “start-ups, grow up” and we are happy to have helped start-up companies do just that.  For over eight years, our firm has lived and grown in a small business incubator, servicing over a hundred clients and the incubator itself!  Our firm was born in Manhattan and our clients love our East Village proximity to both Midtown Manhattan and Lower Manhattan’s Courts.

We wear our “incubator baby” status with pride!   Because of this unique synergy between the firm and our small business clients, the firm serves as general counsel to many companies, providing them with daily support services throughout various stages of their growth.

Our firm provides support services to small and medium sized businesses from many different areas.  We have proudly watched our clients go from corporation/corporate entity formation (Corp., S-Corp., LLC, LLP, LP, etc) to become bigger companies, with evolving needs.  Some of our client companies are sold, others buy companies and some just add employees, and rent new bigger office spaces.  From lease negotiation, to corporation/small business sales and purchases, to brand building, to internet marketing, to contract drafting and review, we have been able to help our client companies grow, without having to spend significant amounts of money for quality legal services.

No two companies are alike.  We can help your company with a variety of needs.  But, as we tell our clients, we don’t do everything.  One of the key features of the legal support we provide clients is a network of specialists that a client can be referred to in order to solve a problem.  We are proud to reveal that we often will send a client who needs a particular skill set to another attorney.  Our focus is on solving the problems of our client’s and implementing problem solving solutions to their needs, rather than trying to be SuperLawyers or trying to earn a fee to the detriment of our clients.

OESER-SWEAT START UP LAWYER

The services we provide our clients include those in the following areas:

Civil Litigation, Entity Formation (Corporations, LLCs/LLPs, Partnerships, Non-Profits), Structuring and Governance (Bylaws, Operating Agreements, Shareholders’ Agreements, Resolutions), Intellectual Property Protection (Trademark Searches and Registrations, Infringement Monitoring and Litigation, Confidentiality and Non-Disclosure Agreements, Trade Secret Preservation and Litigation), Labor Law (Hiring, Termination Agreements, Severance Agreements, Employment and Non-Competition Agreements,  Independent Contractor Agreements, Work For Hire Agreements, Employer Policies, Risk Mitigation), Filings, Licenses (Copyright, Trademark, Patent, Real Estate), Collections/Receivables, Regulatory Compliance, Buy-Sell Agreements, Financing (Bank, Angel, Venture Capital), Small Business Sales, Mergers and Acquisitions, UDRP and Domain Name Disputes, Contract Negotiation/Contract Review, Internet Website Advising and Auditing, Due Diligence, Patents, Copyrights, Trademarks, Opinion Letters, Intellectual Property Audits and Searches, Prenuptial Agreements.

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

We also provide services in the following relevant areas:

  • Civil Litigation
  • Criminal Law
  • Small Business Practice
  • Intellectual Property
    > Patents
    > Copyrights
    > Trademarks
    > Licensing
    > Litigation
  • Matrimonial/Family Law
  • Personal Injury
  • Real Estate
  • Landlord Tenant Law
  • Wills Trust & Estates
  • Bankruptcy Law
  • Internet Law
    > Domain Name Disputes
    >  Litigation
    > Intellectual Property
    > Internet Music Download Case Defense
  • Immigration Law

 

New York Start Up Lawyer

Don’t see what you are looking for?  Contact us to discuss what your needs and goals are.  If necessary and possible, we will either provide you with the services you need or refer you to an attorney that can!

Images:

Business Image Courtesy of Idea go

Sunshine Image Courtesy of Sunshine Suites
Business Mouse Image Courtesy of Salvatore Vuono
Help Image Courtesy of renjith krishnan