"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?

   

   
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?

 

 

Regular People Need Prenups Too!!

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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 

 

 

Regular People Need Prenups Too!!

Get Our FREE Guide To Prenuptial Agreements By CLICKING HERE!

 

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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!!

Get Our FREE Guide To Prenuptial Agreements By CLICKING HERE!

 

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Click Here to go to our Frequently Asked Questions Page!

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Asking For A Prenup Without Getting Dumped!

The Business Insider website has a great article on how to ask for a prenup without causing a breakup.  As set forth many times in our blog, the article quotes Michele Lowrance, coauthor of “The New Love Deal: Everything You Must Know Before Marrying, Moving In, Or Moving On! as stating in sum and substance, that the discomfort surrounding discussing and entering into prenuptial agreements derives from “our cultural sensitivity around prenups has to do with a reluctance to face the idea of an unhappy ending.”  The gist of the article is that you should have relaxed conversation with the person you intend to marry, allowing plenty of time and room for several discussions.  Couples should always be aware that duress is something that should be avoided when signing a prenuptial agreement and both the behavior of the parties and the time given to review and sign a prenuptial agreement can be looked at by a divorce court to ensure that no party was under any pressure to sign.  Some people believe that asking for a prenuptial agreement evidences a lack of trust or a belief that the marriage will fail.  These beliefs can make getting a party to sign a prenuptial agreement difficult.  Third Parties can be helpful.  Lawyers and mediators often offer insight and advice which can be helpful in making decisions that can affect one’s finances and lifestyle down the road.

Some People Believe Asking For A Prenuptial Agreement Shows A Lack of Trust….

When discussing a prenuptial agreement, make sure to avoid pressure and duress, as such factors can lead to a court later voiding the premarital agreement.

 

Read more: http://www.businessinsider.com/how-to-ask-for-prenup-2014-9#ixzz3GqRtQEit

 GQ’s take on the Prenuptial Agreement Discussion

Disclaimer: This website has no association with Business Insider.

 

 

 

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Get Our FREE Guide To Prenuptial Agreements By CLICKING HERE!

 

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Click Here to go to our Frequently Asked Questions Page!

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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.

 

 

 

Regular People Need Prenups Too!!

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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 

 

 

Regular People Need Prenups Too!!

Get Our FREE Guide To Prenuptial Agreements By CLICKING HERE!

 

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Click Here to go to our Frequently Asked Questions Page!

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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

 

Regular People Need Prenups Too!!

Get Our FREE Guide To Prenuptial Agreements By CLICKING HERE!

 

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3 Reasons People On Instagram Need A Prenup!

 

1) INSTAGRAM PICTURES MIGHT BE FOREVER!

 

If you ever take a bad picture, it can end up on Instagram.  Changes are, throughout your relationship, you will take a bad picture or two.  Those pictures might end up on Instagram before or during your marriage.  Even worse, if you aren’t protected, they can end up on Instagram or some other social networking site after your marriage.  Parties with a Social Media Prenup can agree not to post certain types of pictures of each other.  They can also use such a prenup to make rules that the parties can agree to follow. 

 

2) INSTAGRAM LIKES AND POSTS CAN LEAD TO DIVORCE!

 

Instagram is full of temptation and people acting in ways that are unpredictable.  There are countless Instagram MEMEs making jokes about girlfriends, boyfriends, wives, and husbands, who are upset by the behavior of their partners on Instagram!  Rules regarding online activities in a prenuptial agreement can help to create a disincentive to acting a certain way online.  However, it can also ensure that you aren’t disparaged or defamed online.  You may even want to consider not adding your spouse as a friend so that your relationship is not affected by day to day silly online activity.  This also eliminates the temptation to spy on your spouse online.

 

3) YOUR INSTAGRAM ACCOUNT CAN BE CONSIDERED JOINT/MARITAL PROPERTY AND BE LOST IN A DIVORCE!

While the law says that anything acquired during a marriage may be marital property and have to be split in the event of a divorce, you can, with a prenuptial agreement, put clauses into effect which clearly state that both parties agree before the marriage that the Instagram Accounts of each party are to be separate property and are not intended to be commingled into the marriage.  Also, Instagram is about pictures.  Pictures are intellectual property.  If they were taken during the marriage, the pictures belong to the marriage and can be split in a divorce.  The accounts holding the pictures may also be split!  Years ago, prenuptial agreements might have been used more for money and assets, today’s changing environment has made getting a prenuptial agreement a good idea for anyone who is using the internet and social media sites!   If you think that the concept of your partner taking control or ownership of your Instagram account in a divorce is a crazy result that should never happen, you should probably consider getting a prenup, even a basic one, to make sure that such can never happen!  Don’t leave anything to chance!  If you have Instagram or Facebook, then you have something you may need a prenuptial agreement to protect.

 

Regular People Need Prenups Too!!

Get Our FREE Guide To Prenuptial Agreements By CLICKING HERE!

 

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