"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

LOGOPRENUP

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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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.

 

 

 

Regular People Need Prenups Too!!

Get Our FREE Guide To Prenuptial Agreements By CLICKING HERE!

 

LOGOPRENUP

STILL GOT QUESTIONS?

Click Here to go to our Frequently Asked Questions Page!

Click Here to go to our Prenuptial Agreement Information Blog!

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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!!

Get Our FREE Guide To Prenuptial Agreements By CLICKING HERE!

 

LOGOPRENUP

STILL GOT QUESTIONS?

Click Here to go to our Frequently Asked Questions Page!

Click Here to go to our Prenuptial Agreement Information Blog!

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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!

 

LOGOPRENUP

STILL GOT QUESTIONS?

Click Here to go to our Frequently Asked Questions Page!

Click Here to go to our Prenuptial Agreement Information Blog!

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