Legal Question in Family Law in New York

Normal to waive ALL rights in a prenuptial agreement?

I married a man who insisted I waive all rights to all property. He makes 10 times more than I do. Both houses are in his name and all appreciation on every asset and every income belong to ourselves. As 1/10 the income earner, that doesn't leave me with much of anything. I realize there are great differences in prenuptial agreements, but I'm wondering about the normalcy of ours. Can you tell me the ballpark percentage of prenuptial agreements that ask you to waive all property, interest, inheritance, support, and every other possible claim? Also, the prenup states that I waive all will and testament claims.

I was also told that when we created wills (following our marriage) leaving everything to the other person, that the will and testament would override the prenup. Will you please confirm that as well?

Thank you for your time and information.


Asked on 10/18/06, 7:55 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Normal to waive ALL rights in a prenuptial agreement?

It depends on what the wording of the will says, but the will does not necessarilly override the provisions of the prenup.

Should you like to discuss this or any other legal matter you can e-mail me for more information about low cost face-to-face, on-line or a telephone consultation with a lawyer in our office.

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Answered on 10/19/06, 6:10 am


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