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Who Needs a Prenuptial Agreement?

family law and divorce attorney on Long IslandPrenuptial agreements are not for everyone. The only individuals eligible for prenuptial agreements are people getting married. Seriously though, who needs a prenuptial agreement and why would you really want one?

Prenuptial Agreements deal with issues such as assets accumulated during the marriage, professional licenses and spousal maintenance issues.

Starting On Equal Terms

Many couples who marry have similar financial circumstances. However, during the course of the marriage, one party may decide to stay home and raise the children which would have a negative impact on his or her career. This provides a ground in a divorce for requests for alimony (spousal maintenance).

Prenuptial Agreements Cost Less Than Engagement Rings

Engagement rings today cost anywhere between $5000 and $25,000. A prenuptial agreement will usually cost between $2500 and $7500. It is a lot cheaper than an engagement ring. It is said that diamonds last forever. Diamonds in the engagement ring may last forever but 50% of all marriages fail. This makes the cost of prenuptial agreements when considered over the long run a lot less expensive.

Don’t Wait For The Last Minute

If you anticipate entering into a prenuptial agreement with your future spouse, you shouldn’t wait to a few weeks before the marriage to retain an attorney to draft the document. Prenuptial agreements should be negotiated several months before the parties get married.

Prenuptial Agreement Lawyers

assistance in family court and with prenuptial agreementsThe attorneys at the Law Offices of Schlissel DeCorpo draft prenuptial agreements. It addition we draft post nuptial agreements and separation agreements. The firm also litigates all divorce issues. These issues may involve divorce grounds, family law, child custody, changing visitation, child abuse and child neglect, drafting separation agreements, prenuptial and post nuptial agreements. We also have litigated cases involving mothers’ rights and fathers’ rights. Call for a free consultation.

Same Sex Marriage Comes to New York

marriage-150x127On Friday, June 24, 2011, New York became the largest state in the country to allow lesbian and gay couples to marry. It was questionable, up to the last minute, as to whether this law would pass the New York State Senate. In the final moments, four Republican majority members joined all but one Democrat and voted in support of the gay rights statute.

Previously Passed by New York State Assembly

The New York State Assembly had passed the same sex marriage law last week. Immediately after the law was passed, Governor Cuomo signed the law. This means the law went into effect on July 24, 2011.

New York is the fifth state in the country to permit the same sex marriages. The other states that have approved same sex marriages are: Vermont, New Hampshire, Massachusetts, Iowa and Connecticut.

This is the third year in a row that gay rights advocates had lobbied for New York State to pass a gay rights marriage bill. Governor Andrew Cuomo lobbied the New York State Legislature to pass this law. Governor Cuomo made this bill one of his top legislative priorities for the year.

Cap on Local Property Taxes

In addition to passing a same sex marriage law, the New York State Legislature passed statutes which created a cap on local property tax increases, as well as a five year tuition increase at the State University of New York and the City Colleges of New York.

Same Sex Divorce

If marriages are made in heaven, or now in the State of New York, divorces are made by the courts. Marriage is supposed to be forever, but the divorce rate upon heterosexual couples in the State of New York is close to 50%.

The Law Offices of Schlissel DeCorpo have been handling divorces in the Metropolitan New York area for over 33 years. We litigate all aspects of divorce related proceedings in the Supreme Court and Family Court. These proceedings involve divorce groundsno fault divorcechild custodymothers’ rights,f athers’ rightschild supportdownward modification of child supportspousal maintenance (alimony)and domestic violence issues. In addition, we negotiate separation agreementsprenuptial agreementsand post-nuptial agreements for our clients. We litigate equitable distribution issues involving doctor, dentist and lawyer licenses. Please call us for a free consultation.

Long Island Lawyer’s Adoption Scam

adoptionKevin Cohen, Esq., was an attorney on Long Island. He was recently found guilty of stealing in excess of $300,000 from families he represented. He had promised these families to help them adopt children. Unfortunately, the children did not exist.

Mr. Cohen was found guilty of 37 counts, including 16 counts of second-degree grand larceny, 11 counts of third-degree grand larceny and 10 counts of third-degree forgery. Mr. Cohen now faces up to ninety-two years in prison for his crimes. He will be sentenced on December 7, 2010. As a result of his criminal convictions, he will receive a mandatory disbarment.

Mental Illness

Mr.Cohen’s defense was “mental illness”. He represented himself at the time of trial. He claimed he could not be criminally responsible for his actions due to the fact he suffered from a mental illness. Unfortunately for Mr. Cohen, the prosecution was successful. They were able to show that he was a bright, intelligent lawyer who knew exactly what he was doing.

Judge John Kase, sitting in the county court of Nassau County, ruled that there was insufficient evidence to support an insanity defense for Mr. Cohen.

From October 2007 to the time of his arrest in September 2009, Mr. Cohen was in charge of an adoption agency called Adoption Annex. He represented to the public that he was an adoption expert. He charged his clients large sums of money for his legal services. He had also fabricated forged records and had shown his clients fake sonograms and fake medical records to convince them he had a child who could be adopted.

At the time of his arrest, Mr. Cohen’s bail was set at $500,000 and he was never able to make bail. Mr. Cohen deserves a long jail sentence !!.

About our Firm

Our law office has extensive experience in handling all aspects of matrimonial and family law. We represent individuals in divorce proceedings, custody proceedings, annulments, as well as pre and post-nuptial agreements. We are especially adapted in handling high-net-worth divorces.

Should you, a friend or family member have issues related to a divorce or family law proceeding, call us at 1-800-344-6431; 516-561-6645 or 718-350-2802, or contact us by email. We can help you!

May/December Romance Needs a Pre-Nuptial

bruce-willis-emma-hearningAging movie stars often have relationships with young beautiful women. There are many examples of these “May/December” relationships. Michael Douglas, age 65, is married to the beautiful Catherine Zetta Jones, age 40. Lorenzo Lamas, age 52 is engaged to be married to Shawna Craig, age 23. Bruce Willis, who was formerly married to Demi Moore, is 54. He recently married, Emma Hearning, a 30 year old model. He trumps his ex-wife, Demi, who is 47 years old and married to the 32 year old, Austin Kutcher.

How do these aging movie stars avoid losing their shirt when these Hollywood marriages fail. One way, that anyone with assets can avoid losing a substantial portion of their assets in a divorce is to have a Pre-Nuptial Agreement. Pre-Nuptial Agreements basically set up a plan for the division of assets and for spousal support (alimony) should the marriage fail. The agreements are straight forward and deal with all financial marital issues.

Pre-Nuptial Agreements are now commonly used by individuals who are married more than once during their lifetime. They deal with problems presented at the time of divorce, they also deal with inheritance rights in the event one of the parties to the marriage (usually the older man) dies first.

I have written many Pre-Nuptial Agreements in my legal practice that deal with May/December marriages. I often wonder about the basis of these relationships. Is it the financial security the deep pocketed man provides or is it true love? I am sure love is a factor but I very rarely come across a May/December marriage where the man is both older and poor!

Should you have a question about a Pre-Nuptial or Post-Nuptial Agreement, feel free to give the Law Offices of Schlissel DeCorpo a call at 1-800-344-6431 or email us at schlissel.law@att.net.

Elliot Schlissel, Esq.

Picture of Bruce Willis & Emma Hearning courtesy of iVenus.com.

Tiger Woods and Elin Nordegren’s Post-Marriage Pre-Nuptial Agreement?

tiger_woods__elin_nordegrenReports have been circulating the past few days that Tiger Woods has been in negotiation with his wife Elin to “update” the pre-nuptial agreement to induce her to stay in the marriage after news of several of his extra-marital affairs became public.

Originally, the couple’s pre-nuptial agreement, signed in October of 2004, stipulated that Ms. Nordegren would receive a $20m payment from Mr. Woods after 10 years of marriage, which would have been in the year 2014. But with the recent revelations, news sources have reported that he has offered her an immediate payment of $5m and an additional $55m if she stays with him until October of 2011. The new agreement would reportedly also given her even another $20m if she stayed longer (totaling $80m). It would have also required her to attend public events with him and allow him to show the world (and his corporate sponsors, who are sticking with him so far) that he and Ms. Nordegren had reconciled completely.

These reports make it (mildly) surprising that she left for Sweden this week, thus potentially forfeiting any payment under either the old pre-nuptial agreement or any new agreement. It would definitely be understandable if she simply felt that no amount of money is worth staying in a miserable marriage. Alternatively, her stay overseas may be temporary and the couple will be getting back together. Not much is known publicly at this point.

It is noteworthy that although most news sources are reporting that the couple were in negotiations to sign a new “pre-nuptial agreement,” that term is not the correct one. If a couple who is already married signs the equivalent of a pre-nuptial agreement, it is called a “post-nuptial agreement” because the nuptials have already taken place.

You can always contact the office by phone at 800-344-6431 or by e-mail for questions about pre or post-nuptial agreements, divorce, or any other kind of legal matter.

Picture courtesy of thisisdiversity.com.

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