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This isn’t Reality T.V, This is Your Life ‘–Get a Prenup!

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Daily News announced recently that reality-television stars Bruce and Kris Jenner reportdly do not have a prenup, setting the stage for a nasty battle over their $125 million fortune. Nowadays, prenups aren’t just for celebrities or rich folks. Daily News further reported that according to a survey by the American Academy of Matrimonial lawyers, 70% of divorce lawyers report that they saw a jump in prenuptial agreements from 2005 to 2010.

Since 2010, New York has become a no-fault divorce state. A “no- fault divorce” means that a divorce can be granted even if neither spouse is held responsible for the divorce. For example, infidelity is often the cause of many divorces. Under New York law regardless of who is the “cheater” in the relationship the marital assets are divided equally. This may sound unfair to the innocent party in the situation, however the solution to this problem would be to enter into a prenuptial agreement that includes an infidelity clause. A clear example of this can be found in Life & Style magazine where it was reported that Khloe Kardashian, the daughter of Kris Jenner, has filed for divorce with basketball star Lamar Odom who allegedly committed numerous infidelities. Fortunately for Khloe, her prenuptial agreement was reported to have a strong infidelity clause.

In New York Domestic Relations Law Section 236 (B) (3) governs prenuptial agreements. A prenuptial agreement is enforceable if:

(1) It’s in writing;

(2) It’s signed voluntarily by both parties;

(3) Each party provides full financial details to one another; and

(4) The agreement is not unconscionable.

New York allows couples to cover almost all financial issues in a prenuptial agreement, including property, alimony, business interests, deferred compensation, inheritances and debts.

In addition, infidelity clauses are considered binding, contractual agreements that can be legally enforceable. A typical prenup that includes an infidelity clause means the couple is agreeing that if one party has an extramarital affair, he or she will have to pay the aggrieved spouse with some sort of financial award.

So, before you say “I Do,” consult Long Island Divorce Attorney Jay D. Raxenberg, because there can be a “happily ever after” even in divorce.

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