Some individuals marry without a prenuptial agreement because they have no assets Therefore, they reason, what’s to protect? Unfortunately, it’s not quite so simple. What happens if you receive gifts from one or both parents, or commingle an inheritance with funds in a joint account? It’s not always clear whether a gift or an inheritance remains martial property. What if you lose your job, end up pursuing self-employment, and start doing much better financially? So even if there’s nothing to protect right now, there may be in the future. It’s easier to negotiate a prenup when your significant other knows you have little or nothing in the way of assets worth fighting over. The other person tends to reason as you do: why object to signing it, when there’s nothing to fight over? In the case of a potential inheritance, you may be able to explain that your parents are insisting on the prenup. Mom and Dad often want to be sure that what they give to a child, stays with him or her. If you’re already married, you may also want to consider a post-nuptial agreement, which can provide similar protection to a prenup, but is agreed to after marriage.
Please Note: Every McAdams Law Divorce Survival Tip is for informational purposes only and cannot substitute for legal advice. Before taking action, consult an experienced New York Divorce attorney about your situation. Please see more details here.
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