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November 16, 2011
Henry Gornbein: Prenuptial Agreements: The Good, The Bad and The Ugly
Have an attorney represent you who is experienced in Family Law, especially with regard to drafting and negotiating pre- and post-nuptial agreements.
- Make sure that this is discussed months in advance of the wedding and not presented at the last minute.
- Be prepared to negotiate and be fair.
- Have provisions so that as situations change, the agreement can be reviewed and revised, or else there can be a sunset clause. A sunset clause is one that after so many years of marriage, the agreement is deemed null and void.
- I have some agreements, especially in high net-worth cases, that after a number of years, there is a phase-in and a sharing of some of the premarital assets and a sharing or guarantee of spousal support under certain situations.
- Be fair. Don’t be greedy. Remember the goal is not to get that last dollar, but to try to have a happy and successful marriage. Emphasizing the bad and the ugly will probably lead more quickly to a divorce.
via Henry Gornbein: Prenuptial Agreements: The Good, The Bad and The Ugly.
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