"Skittish about a Prenup?  

Like it or not, you already have one..."  

-Forbes Magazine

Most people don't know a dirty little secret:

Your State has written your Prenuptial Agreement for you!

 
 

Ready To Start Drafting Your Prenup?

   

   

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Richard Gere’s 100 Million Dollar Divorce Battle!

Richardgere

$100 Million dollars.

That is the amount that sources say is at issue in the divorce between Actor Richard Gere, 65, and his wife Carey Lowell, 55.  The couple was married for 12 years.

 

Gere and Lowell’s potential marital assets are believed to be worth over $100 million 

Lowell filed the divorce in June of 2014.  She starred in the 1989 James Bond film “License to Kill.”  Like many celebrity divorces, an application was granted to keep the case anonymous.  This means the caption does not list the parties and you can not readily find the details for the case in the public record.  

The parties seemed to be cordial at the last court appearance in New York County Supreme Court in Manhattan. The case still seems to be in the preliminary stages and no party has made any representations regarding the division of the marital assets. \

This case promises to be an expensive celebrity divorce.

 

Source:

 

Richard Gere and estranged wife reportedly fighting over $100 million fortune – FOX NEWS 

Richard Gere, Carey Lowell still fighting over money in divorce cases – NY Daily News

 

Photo by spaceodissey from Parma, Italy (Richard Gere) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

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Ripped Up Prenup

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Prenup Ripped Up &

Thrown Into Ocean On Honeymoon

Still In Effect: NY Judge

Ripped Up Prenup

 

Ezra Braha wanted to marry his fiancee Rina.  The Brooklyn business man needed her to sign a Prenuptial Agreement.  His father would kill him otherwise.  She says he let her know that and told her that he would rip it up after they were married.  He promised never to use it.  She got a lawyer and they both signed a Prenup.  They got married.  Then they went on their honeymoon and the couple tore up their Prenups and threw the pieces in the ocean.  Rina had peace of mind.  Ezra had pieces of a copy of the prenuptial agreement.  The real agreement would surface during a heated argument years later.

Even if you rip the prenuptial agreement

up on your honeymoon

and throw it in the ocean, it may still be valid…

While fighting, Ezra produced his Prenup!  He said that he tore up a copy. Rina’s Lawyer told the New York Post that Ezra stated in a deposition that it was never his intention to rip up the original because he could not betray his father. That was not all Rina discovered.  Turns out, Ezra had hidden the fact that he had a 25% stake in his parents’ multimillion dollar family business, which owned real estate, including hotels and malls!  A Brooklyn, NY Judge ruled that despite these facts, the Prenup was valid and could be enforced.  The Prenup specifically stated that no promises or covenants outside of the document should be taken into account.  Both parties were also represented by Lawyers.  “In this case, defendant fails to make a sufficient showing that would warrant setting the prenuptial agreement aside,” said the Judge in his decision.

 

Source:

NY POST- Prenup dramatically torn up on honeymoon is still in effect: Judge

Read the decision on Justia.com – Braha v. Braha

 

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Start the Prenup Process, 

Even If You Decide

Not To Sign it!

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Couples often have serious discomfort discussing Prenuptial Agreements. Many factors cause that discomfort, from beliefs that Prenups signal a lack of trust, to the belief that prenups are for rich or famous people.  Emotions are probably the leading cause of the reluctance engaged people have about talking Prenups.  Molly McCluskey, in an article for DailyFinance.com, stresses what our site knows, to wit, that Prenuptial Agreements are important to the premarital discussions that every couple should have.  In her article she suggests that every couple considering marriage should start the Prenup Process, even if they don’t finish it.

Every Couple Should Discuss

Prenups Even If They Decide

Not To Sign One…

Despite the difficulty of the Prenup discussion every couple should discuss Prenups and the items that should go into them.  Prenuptial Agreements are an important tool for a couple.  Just because you don’t want to talk about the items that would be in a Prenuptial Agreement doesn’t mean they won’t later pop up and become marriage killing arguments.  Topics such as who owns what property, what behavior is acceptable online and on social networks, whether and degrees or licenses obtained during the marriage will be marital property, who may keep pets and other serious issues that would normally be resolved in a Prenuptial Agreement can be the basis for a war of the roses divorce.  There is no harm in spending a little extra time and money now to avoid huge cost and heartache later.  Having a game plan for marriage is what Prenuptial Agreements are really about.  Even if you decide you will never sign or use it, the conversation is still an important one to have!

 

Source:

DailyFinance.com – Do We Need a Prenup?

 

 

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Verbal Promises Can Be Used By A Court

To Invalidate A Prenup!


More ABC news videos | ABC Health News

A Long Island, New York woman recently convinced a Divorce Court to make a ground breaking decision. As seen in this ABC News Video, a couple went to war in Court over their prenuptial agreement, and the husband lost.  A New York Appellate Court threw out the couple’s prenuptial agreement based on oral promises made by the husband to the wife.  The agreement was presented to the wife six weeks before the wedding.  The wife’s lawyer called the agreement “heavy handed” in an interview.  The wife refused to sign and four days before the wedding, she says he promised to get rid of the prenuptial agreement once the two began to have children.  She signed.  A Court later ruled that he had fraudulently induced her to sign as he did not rip the prenup up and in fact sought to enforce it.

Oral Agreements & Verbal Promises

can be used by Courts

to Invalidate a Prenuptial Agreement…

In an Interview with ABC News, her Lawyer, Dennis D’ Antonio, a commercial litigator in Manhattan states, “If you are too greedy and marginalize a spouse, it’s a lot easier for an Appellate Court to agree with a legal argument that would invalidate a prenup than it otherwise might be if that prenup was fair. It’s not a given that the prenup is going to rule at the end of the day. It levels the playing field with couples dissolving a marriage with a prenup.” 

 

Source:

ABC NEWS  –Long Island Woman Wins Groundbreaking Prenup Battle 

 

 

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Why Women Need Prenups & Postnups:

“The Real” Advice

Recently, the panelists of the daytime show “The Real” took the time to have a great discussion about not just celebrity divorce, but also prenuptial agreements and post nuptial agreements.  This panel discussion was a serious glimpse into conversations and thought patterns which take place for successful women in entertainment and beyond.  

“Prenups are good for regular people…”

One insight that was set forth was “break ups cause people to act crazy.”  “People become unrecognizable when you are going through a breakup.”  This is something that most people do not anticipate.  It can be very helpful to listen to the cast of “The Real” have their candid discussion about their own experiences with prenups and postnups.  Another serious insight was when one panelist states that when she got married, her husband asked for a prenup to solidify his position, but she didn’t have much.  She subsequently made money and the couple entered into a postnumptial agreement.  The take away is that prenups are for everyone, not just celebrities and rich people. Prenups are good for regular people too!  Some people think that prenups are unromantic.  Others beg to differ.

 

Source:

The Real – A new daytime TV Show 

 

 

Regular People Need Prenups Too!!

Get Our FREE Guide To Prenuptial Agreements By CLICKING HERE!

 

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Divorce Considerations:

Prenups for Pets!

dogball

 

If you are engaged or thinking about getting married and you have a pet, you may want to get a prenuptial agreement with clauses to ensure what happens to your companion in the event of a divorce.  Prenuptial Agreements for pets are gaining popularity in recent years.  The internet is full of articles about disputes over dogs and cats who are like the children of people who have decided to get divorced.  Surprisingly, most people don’t know that anything acquired during a marriage may be considered to be marital property, including, pets!  If you acquired your pet before the marriage, that may not mean that you get the pet after a divorce.  Items commingled into a marriage become marital property in many states.  That can include pets that were acquired prior to a marriage but subsequently went to live with a married couple.

Prenuptial Agreements For Pets Are Gaining Popularity…

Even celebrities are finding out the hard way that custody of pets can be problematic during a divorce.  Yahoo News reports that Melanie Griffith and Antonio Banderas fought over the custody of their pets.  Griffith reportedly wanted their 3 dogs after their split.  A couple who thought they had no assets and would have an uneventful uncontested divorce spent weeks fighting over a dog said Jamel Oeser-Sweat, a New York attorney.  “One party could not have a dog in that parties building and was willing to move if necessary.”  Prenuptial Agreements with pet clauses in them could avoid those problems when they can be anticipated.

See Also:

 

What happens To The Dog If You Get Divorced

FOX 31: The Prepup: Prenuptial Agreements for Pets Gaining Popularity

Yahoo News: Pet Prenups: Fighting Over Fluffy.

Photo Credit: Blesselle Hervías

 

Regular People Need Prenups Too!!

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Duress Can Lead to The Invalidation

of A Prenuptial Agreement!

 

 

Be very careful not to put pressure on your spouse to sign a prenuptial agreement!  If a court believes that a party was under undue pressure, it may invalidate a prenuptial agreement, even if both parties were represented by lawyers!

One of the biggest questions facing a couple is when should they sign a prenuptial agreement, if at all.  One of the things a couple has to understand, is that the negotiation of and signing of a prenuptial agreement should take place with as little pressure as possible.  Pressure can come from not just the behavior of one party in the engagement, but also from a lack of time to properly review the prenuptial agreement.  Forbes Magazine recently reported that despite his having paid millions of dollars to his wife pursuant to a premarital agreement, the wife of Billionaire Ken Griffin is seeking to invalidate their prenuptial agreement on the grounds that she was under undue pressure to sign it.  Ken Griffin and Anne Dias-Griffin were married for approximately 11 years.  According to Forbes, Dias-Griffin had the assistance of three law firms while negotiating her prenuptial agreement.  This dispute should serve as a lesson to those looking to enter into a prenuptial agreement: Avoid pressure when entering into a Prenuptial Agreement!  You should give both parties ample time to read and review the agreement.  The closer to your wedding date the agreement is signed, the more likely a court may decide that there might have been undue pressure on a party!

 

Ken Griffin is a billionaire who made a great deal of his fortune founding and managing a huge hedge fund called Citadel.

 

Disclaimer: This website has no association with FORBES MAGAZINE or Citadel.

 

 

 

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Pre-Nuptial Agreements,

Not Just For The Rich & Famous:

ABC NEWS

A recent article on the ABC News 22 site has recently informed people what we already knew:  Prenups aren’t just for rich people.  Prenups aren’t just for famous people either.  The article and news report/video suggests that anyone with real estate holdings or investments should consider a prenuptial agreement before getting married.  The article also cites one person who despite this advice, feels that prenuptial agreements are a bad idea based on the perceived lack of trust in the relationship that using one can provide for some.  

The truth is, making life decisions which can impact your future, your finances, and your lifestyle without a proper understanding of why you are making such decisions and the impact those decisions can have on your life is a huge mistake!  

Regular People Need Prenups!

 

Check out the article by clicking here    

Source:  http://www.abc22now.com/shared/news/top-stories/stories/wkef_vid_22537.shtml 

 

 

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4 Reasons Normal People Need A Prenuptial Agreement!

 


1) You have a Prenuptial Agreement Anyway, You Just Don’t Know It…

 

The law basically creates default rules which apply during a divorce.  If you get divorced, those default rules apply, unless the parties agreed to some other course of action.  What is amazing is the fact that most people are so ignorant about the fact that the law effectively gives them a prenuptial agreement by planning what happens in the event of a divorce , that they actually refuse to plan for divorce themselves.  The result is often anger and frustration if a divorce occurs.  Often, it is during a divorce that a party learns what rules will apply to them by default in event of a divorce and that if they had properly planned, rather than letting emotions and discomfort prevail, they would have been able to easily avoid the often draconian divorce law rules and their applications.

 

2) Prenuptial Agreements Are Not Just For Rich People!

 

People often mistakenly believe that prenuptial agreements are for rich people.  News Flash: Not only are Prenups not just for rich people, regular people can use them for all sorts of things.  If you are a student for instance, or plan to be one in the future, the divorce laws of many States will, upon a divorce, make your degree marital property if it was earned during the marriage.  That means your spouse will own half of it and and you will have to pay your spouse if you get divorced!  That is one of the many default rules that the divorce laws set forth that parties can very easily decide should not apply to them

 

3) A Prenuptial Agreement is a pregame plan for marriage!

 

A prenuptial agreement is about having a plan.  People often mistake Prenups for being a tool for divorce.  However, a couple looking to get married can use a Prenuptial Agreement as a pregame plan for marriage.  They can set forth their expectations: from how many kids they expect to have to what type of lifestyle the couple expects to have.  As mentioned earlier, the parties can also plan for divorce and what rules may apply.  Often, these conversations will not cause divorce, but rather, in many cases, take pressure off a couple and provide clear expectations and goals for a couple seeking to get married and to go on a long, happy journey together

4) A Prenuptial Agreement creates dialogue!

 

Prenuptial Agreements are uncomfortable.   Couples seeking to get married do not want to talk about divorce.  There are social conventions that make people believe discussing divorce when you are engaged is bad luck.  Others believe that if you are getting married, discussing divorce means that you are planning for the marriage to end and not discussing divorce means it will never end.  Regardless of the reason, the discomfort surrounding discussions of prenuptial agreements is really silly.  The truth is, the best time to discuss the types of things that go into a prenuptial agreement rationally and fairly, is when both parties are happy and in love.  There is no need to wait until their is contention in a marriage to discuss a possible divorce.  A prenuptial agreement should be the minutes of a meeting between the parties about where their lives will go after marriage and how they will get there.  A prenuptial agreement, if used right, can be a tool for a couple to save their relationship and build the foundations upon which a long and prosperous marriage can occur

 

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