Peter M. Mott, a partner with the firm, was interviewed by U.S. News & World Report for a story on whether couples who are thinking of getting married should sign a prenuptial agreement. Mr. Mott said a prenuptial agreement helps protect the spouses’ assets, especially if one spouse has more assets than the other, or this is not the spouse’s first marriage.
“For first marriages, I find that such a discussion (about prenups) is most acceptable when one party has considerably more assets than the other party and usually when they are family-related assets,” he said. “If parties are marrying for the first time later in life, and they both have accumulated their own assets before marriage, it is more acceptable by both parties that they would want to keep their assets separate. Anyone who had already gone through a divorce should not hesitate to discuss a prenuptial agreement.”
He also recommended that couples draw up a prenup in the presence of the attorney. “[T]here are certain procedural requirements for a prenuptial agreement to be considered legal under New York state law and, if the parties do not know those procedural niceties, then they proceed at their own risk,” he said, “just like when I see that people draw up their own will and have it notarized, but don’t know that there is a New York requirement for two witnesses to witness a will, not just a notary.”
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The article was picked up by WTOP Radio (Washington, D.C.). Click here to read the article.