It’s not uncommon for the topic of a prenuptial agreement to spark a fight with your intended; these pre-marriage contracts get a bad reputation as a signal that the person bringing them up doesn’t believe that the marriage will last. At the Law Office of Daniel Clement, though, we view prenups differently: as a form of insurance. You don’t get in your car in the morning intending to wreck it, but if you get into a collision, you’ll be very glad you had good insurance coverage. Prenuptial agreements work in much the same way: simply a form of insurance you hope you’ll never need. If you’re getting married and have assets you want to protect or want to ensure that you’ll be treated fairly in a divorce, then you need a solid prenup.
Believing that asking for a prenuptial agreement spells doom for a marriage isn’t the only misconception many people have about these contracts. Prenups are intended to protect both parties, and our Bronxville, NY prenup lawyer can help you protect yourself, your rights, and everything you’re working hard for. Please contact us today for a consultation.
New York is not a community property state for divorce. Instead of marital assets being divided equally, an NYC family law judge will divide them equitably, or fairly. Our experienced Bronxville prenup lawyers have often seen that our clients’ idea of fair, their spouse’s, and the judge’s idea of fair are often quite different. Prenuptial agreements can help avoid conflict over how everything from the marital home to retirement investments, cars, and shared business interests will be divided in a divorce. They can also address each spouse’s debt, so you won’t be liable for debts that aren’t yours.
Prenuptial agreements can also account for future possibilities. For example, perhaps you and your soon-to-be spouse want to have one of you stay home to manage the household and raise your children. This puts the stay-at-home-parent out of the workforce for a many years which, after a divorce, could leave them with considerably less earning potential than the spouse who plugged away at their career the entire marriage. Prenups can account for your loss of earning potential, and award you a higher share of marital assets, or set specific terms for spousal support during and after the divorce.
Even if you are the spouse being asked to sign a prenuptial agreement, you still have rights. Prenups should be fair to both parties; if you sign an agreement that blatantly favors your spouse, there’s a good chance that an NYC family law judge will declare it invalid. You have the right to have your own prenuptial agreement attorney review any prenup you’re asked to sign.
At the Law Office of Daniel Clement, we review any prenup you’re presented with to ensure its terms favor you. We can negotiate a prenup that’s more favorable on your behalf. We also draft strong prenups to protect you. Our long experience with New York family laws gives us a very good understanding of what is and is not possible with a prenup. We’re dedicated to protecting your interests and ensuring you have the means for supporting yourself and moving forward in the event of a divorce. Please contact us today for a personalized consultation.
Very knowledgeable. Daniel made things much easier in my custody case. He helped me to prepare and with his recommendation we avoided going thru the pain of a trial.
Thanks a lot Daniel!
– Felipe R.
112 Madison Ave Suite 800
New York, NY 10016
“Daniel is a highly skilled professional whose experience and emotional support were key enable me navigate and successfully go through what can be a challenging and stressful process at times. I am very grateful for his prompt responsiveness always, his commitment to protecting my interests and efficiency at getting my divorce finalized. I definitely recommend.”
Thomas Sczyrba
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Daniel Clement graduated from Brooklyn Law School and the State University of New York at Albany. With over 35 years of experience, he has been a member of the New York City Bar Association and the Matrimonial Committee. In addition, he has worked as an Arbitrator in the Small Claims Court of the City of New York.
Known for his straightforward yet savvy approach to law, he specializes in multiple areas of family law including divorce, how to protect assets in a divorce, child custody, prenuptial agreements, property division, maintenance/alimony, and high net worth divorce. Clients hire Daniel for the personal attention, hard work, street smarts, and excellent value he brings to each case.
An accomplished attorney, Daniel also lectures and writes for various publications, including a blog entitled the “New York Divorce Report” and has co-authored the book, “Onward and Upward: Guide to Getting Through New York Divorce and Family Law.”