Pre-Nuptial Agreements: Why To Consider One

The Wall Street Journal in an article written by Mary Pilon detailed some of the reasons couples enter into prenuptial agreements.

In the article, I was quoted for having noticed a trend in my practice. In conversations with many of my younger clients, I observed that often they did not want a pre-nuptial agreement to protect assets they had already acquired-often they had yet to acquire anything of value, but instead, to protect their prospective inheritance. In many cases they were being dictated to by their parents and told that they had to obtain a pre-nuptial agreement.

In its most basic form, a pre-nuptial agreements identifies what is marital property, which would be subject to equitable distribution if the parties later divorce, and what is separate property, which would be immune from their spouse’s claims.

Property inherited or acquired by gift is separate property. However, money is fungible and memories of the source of the funds are conveniently fleeting.

As pointed out in the Divorce Analysis Blog:

A prenuptial agreement is useful in establishing the parties individual pre-marital wealth levels. While this may seem mundane ( I mean, who doesn’t know their net worth when they say “I do”?), you would be how surprised how time colors the memory of wealth. Like the old “fishing story” beliefs about net worth can change dramatically with time.

One of the most useful aspects of the prenuptial agreement is that it clearly defines what is separate property, where appropriate, values the separate property and delineates the circumstances where separate property can be converted to marital property.

Parents leaving sizeable estates to their children may require the children to obtain pre-nups to ensure that however their children use their estates, the funds will for all purposes remain a separate asset and otherwise immune from a spouse’s claim in the event the marriage ends in divorce.

33 Responses

  1. I am the editor of <a href="http://www.freelegalaid.com/" rel="nofollow">http://www.freelegalaid.com/</a> and I frequently will search the Internet for quality information pertaining to legal self-help. The information presented in this article about the value of a pre-nup in the case of protecting prospective inheritance is very useful, so I have included a teaser on Free Legal Aid with a link back to your blog in the hopes that it will help spread the usefulness of your post! Thanks!
  2. I read this article and loved it. The section on couples having prenups because their parents want them to protect an inheritance is certainly very accurate. I have noticed the same trend in my practice. Two of the last three prenups I did were done for exactly that reason, and in one case the child very much did not want a prenup....but her family insisted.
  3. I think, given the 50% divorce rate, parents just want to ensure that their estates do not end up in the the hands of their ex son or daughters in-laws.
  4. Thank you.
  5. Rich
    Does anyone know as a British citizen, is there weight in protecting inheritiance on a pre-nup agreement in Thailand? I found this article regarding the prenuptial agreement in Thailand . Which discussed how there may be a knock on effect of recent International events, but is the agreement rock solid in Thailand?
  6. Rich
    It's an interesting world we live in today. Whilst the tradition of marriage remains a societal institution it's relevance in other ways is certainly changing. As a British male in my early 30s, marriage is not something I think about everyday, but it is at the back of my mind and still there. Recently whilst browsing the web I came across this article on the prenuptial agreement in Thailand which highlighted a number of interesting issues. Firstly that a international prenuptial agreements appear to be having more validity the world over, in reference to the high profile German case. Also interestingly was that instead of the main income earner being awarded ownership of surplus in assets (after the financial needs of their previous spouse had been met), there was a shift to equal sharing. Marriage continues to evolutionise. Now I am thinking do I ‘need’ a pre-nuptial agreement, or is it likely my wife to be will want one even if I don’t!
  7. Hello. magnificent job. I did not imagine this. This is a splendid story. Thanks!
  8. 11/4/2016 @ 14:05:56: Thanks for the post clementlaw.com!
  9. I generally agree with your take on this subject and look forward to additional posts and comments here at clementlaw.com. Thanks!
  10. Congrats for the great site you've created at clementlaw.com. Your enthusiastic take on the subject is definitely contagious. Thanks again!
  11. clementlaw.com is quite a good read. I just passed this on 11/11/2016 to a classmate who's been involved in a little research of their own on this subject. To say thank you, they just bought me lunch! So, I should probably say: Thanks for the meal!
  12. I enjoy your opinion on this topic and look forward to additional posts and comments here at clementlaw.com. Thanks!
  13. certainly like your website but you have to take a look at the spelling on several of your posts. A number of them are rife with spelling issues and I to find it very bothersome to inform the reality however I will surely come again again.
  14. I'm gratified by the manner in which clementlaw.com covers this type of subject matter! Usually on point, sometimes controversial, without fail well-researched and stimulating.
  15. hey
    Hey there I am so grateful I found your blog, I really found you by error, while I was searching on Google for something else, Regardless I am here now and would just like to say thanks for a tremendous post and a all round entertaining blog (I also love the theme/design), I don’t have time to look over it all at the minute but I have saved it and also added in your RSS feeds, so when I have time I will be back to read a lot more, Please do keep up the superb b.|
  16. I visited several blogs except the audio quality for audio songs present at this website is really wonderful.|
  17. Naturally i draw this [url=http://adf.ly/6249830/banner/www.scamadviser.com/is-betterscooter.com-a-fake-site.html]betterscooter.com[/url] In all places! Now i maintain 17 pairing. I actually procured your bailey button into chesnut available for birthday in 2009. Since i taken care of consumers and so dressed in these folks certainly once. Searching for a few weeks, definitely above the choice, the pinnacle flap started competition on each [url=https://www.youtube.com/watch?v=ny8rUpI_98I]360 frontal[/url]. My girlftriend also provide this trouble. I will not purchase all over again. i'll be bookmarking purely bring the particular cardigan work and also great match up with. Abolish bailey hotlink in my situation :(
  18. Great, thanks for sharing this article post.Really thank you! Awesome.
  19. For latest news you have to pay a quick visit the web and on world-wide-web I found this site as a best website for most recent updates.
  20. Rattling nice layout and excellent content material, nothing at all else we want :D.
  21. I will right away grab your rss feed as I can't find your e-mail subscription link or e-newsletter service. Do you have any? Please let me know so that I could subscribe. Thanks.
  22. 1/2/2017 Appreciate this site– extremely informative and much to explore!
  23. Well I really liked reading it. This tip offered by you is very practical for proper planning.
  24. ig
    Hey would you mind sharing which blog platform you're working with? I'm going to start my own blog in the near future but I'm having a hard time making a decision between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design seems different then most blogs and I'm looking for something unique. P.S Apologies for being off-topic but I had to ask!
  25. Nice post. I was checking constantly this blog and I'm impressed! Very helpful information particularly the last part :) I care for such info much. I was looking for this certain info for a long time. Thank you and best of luck.
  26. Hat Spaß gemacht zu lesen, viele Gruesse!
  27. http://www.trageschorsch.at
  28. Die multifunktionale Gofuture Tragejacke sorgt hierfür, dass das Putzerl fein behütet und kuschlig warm transportiert werden mag. Hierdurch mag die moderne Tragejacke am Unterleib sowie am Rücken getragen werden und muss leicht bloß übergeworfen werden. Kombinierbar mit allen Trageeinlagen wie Tragetüchern. Beachtet werden sollte, dass die Gofuture Tragejacken mit sämtlichen Babytrage und jedem Tragetuch nutzbar sind, aber keinen Substitut für die Trage bezeichnen. Je nach Belieben kann der Heranwachsende mittels Trageeinlage oder in Zusammensetzung mit dem Tragetuch am Bauch oder auch am Rücken befördert werden und ist folglich fortwährend vor Wind und Wetter geschützt.
  29. Die multifunktionale Gofuture Tragejacke sorgt dafür, dass das Putzerl manierlich sicher und kuschlig warm befördert werden kann. Dabei kann die moderne Tragejacke am Bauch und am Rücken getragen werden und muss problemlos nur übergeworfen werden. Kombinierbar mit jedweder Trageeinlagen sowie Tragetüchern. Beachtet werden muss, dass die Gofuture Tragejacken mit jeder Babytrage und jedwedem Tragetuch nutzbar sind, doch keinen Ersatz für eine Trage darstellen. Je nach Belieben kann der Nachwuchs qua Trageeinlage oder in Verbindung mit dem Tragetuch am Bauch oder auch am Rücken befördert werden und ist damit durchgehend vor Wind und Wetter gesichert.
  30. Outstanding site check out my site about what's trending in SEO.
  31. Awesome website check out my article about what's trending in seo.
  32. kjop viagra pa nett http://alternativtabletten.site/viagra/ viagra uten resept
  33. Can you please write a more detailed, i checked on other website and the information were a bit off. <a href="http://www.ubersuggest.com/" rel="nofollow">Ubersuggest girl</a> .

Leave a comment

Contact Us Now!
(212) 683-9551