November 22nd, 2013
A recent survey shows that more couples are opting to secure prenuptial agreements; 63% of matrimonial lawyers surveyed reported an increase in the number of prenups over the last three years. Whether this is a result of people getting married older, having more wealth going into a marriage, or general concern for the protection of assets, a common trend among growing prenups is the desire to protect real estate. This is evident in the survey results, which show that the most common coverage areas within prenuptial agreements are:
- Protection of separate property
- Alimony/ spousal maintenance
- Division of property
- Protection of the increase of value in separate property
- Inheritance rights
- Community property division
Having a prenuptial agreement essentially allows for decision making about the ownership of property and other assets; otherwise, state law ultimately dictates what happens in the event of a divorce. Though still relatively rare, the numbers do reflect that the number of couples opting for prenuptial agreements is on the rise, especially pertaining to property.
If you have concerns about prenuptial agreements, or any other marital or real estate related questions, please feel free to contact Hogan Willig at 716.636.7600.
March 16th, 2012
The last thing a couple about to be married should be worried about is that one day they may be getting divorced. However, as Benjamin Franklin said, “An investment in knowledge pays the best interest.” Although the overall rate of divorce in the United States is said to be declining (a notable exception, according to the National Center for Family & Marriage Research at Ohio’s Bowling Green State University, is divorce among people over the age of 50, 25% of whom are getting divorced now compared to 10% in 1990), it’s pretty safe to say that 1 out of 3 marriages ends in divorce.
At HoganWillig we receive calls every day from people who say they are considering divorce and want to know, “What are my rights?” In many instances had they consulted with a knowledgeable family law attorney before getting married the answer to that question is often going to be considerably different (and probably a happier one) than if they hadn’t.
March 2nd, 2009
You might be surprised to find out that despite your level of income or assets, you may need a prenuptial agreement.
Many people fail to consider signing a prenuptial agreement because they mistakenly assume that such agreements are only appropriate or necessary for especially wealthy individuals or couples. Others overlook the option of executing such an agreement simply because the topic is a difficult one to broach and they do not want to risk offending their future spouse. In reality,