Tuesday, February 12, 2008 – Albany, NY – Valentine’s Day is one of the most popular times of the year for declarations of love and proposals of marriage. As thousands of people throughout the Capital Region take a step towards spending the rest of their lives with the one they love, now is the time to plan the future and consider all their options.
One of these options, while seemingly unromantic, is a prenuptial agreement. Many engaged couples turn away from this type of gesture, however they may change their mind after learning about the importance and purpose of prenuptial agreements.
“Prenuptial agreements have a bad reputation. People think if they acknowledge the need for one, then they’re admitting their hesitations about the marriage. Reality is that when you take the step of marriage, you’re planning for your future. And while no one entering marriage plans on divorce, the unexpected can arise, leading you to the unfortunate circumstances of separation,” said Nicole M. Helmer, a partner in the firm’s family and matrimonial law practice. “Entering a prenuptial agreement is simply an effective measure in avoiding costly litigation in the event of future divorce or separation.”
A stereotype surrounding ‘prenupts’ is that they are only made when one spouse is significantly wealthy. However, the agreement is a practical step in any marriage contract. If one or both parties break the contract, there should be an outlined expectation of what will happen. Agreements are especially important when there are significant or specific assets of debt or business ownerships involved.
The agreement can also be tailored to the specific needs of the individuals. If the contract is in regards to a second marriage, it can ensure that assets or family heirlooms are passed onto the children or grandchildren of prior marriages rather than a current spouse.
“When people apply pro-active and preventative legal measures, there is a huge savings in time, money, and peace of mind,” said Helmer.
Helmer is available for comment regarding the importance of prenuptial agreements by contacting Caitlin Merrill at 518-218-7100 or via email at
cmerrrill@tullylegal.com.
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Tully Rinckey PLLC is one of the fastest growing full-service law firms in the Capital Region and is dedicated to providing quality legal representation and customer service to individuals, families and businesses throughout New York’s Capital and Hudson Valley Regions. The team of attorneys, paralegals, and professionals helps clients in a wide range of practice areas. The firm maintains a website, www.tullylegal.com, with additional information about its attorneys, achievements, and news stories involving the firm’s work.