Practice Areas : Matrimonial Law
Matrimonial Litigation

Widely recognized for its participation in precedent-setting litigation, Moses & Singer continues its over 75-year tradition of breaking new ground in its representation of matrimonial clients. Committed to maintaining a cutting-edge practice, the firm represents and counsels clients in all aspects of marital and family law, ranging from consultations to negotiations and trials, including the in-depth analysis and effective presentation of complex financial issues, the crafting of and defense against pendente lite applications and the resolution of custody disputes.

Our firm prides itself on its pursuit of innovative and imaginative litigation techniques and strategies. In all instances, Moses & Singer maintains the supportive atmosphere that is essential to this highly-charged area of practice. Further, our matrimonial attorneys and their clients have the wide-ranging resources of the entire firm available to them.

Marital Agreements

In addition to its well-recognized matrimonial litigation practice, Moses & Singer has a nationally-recognized practice in the area of Marital Agreements. Moses & Singer is one of only a handful of full-service firms in New York that competently represents clients in both marital agreements and divorce and custody litigation.

There are five major types of marital agreements: prenuptial, postnuptial, cohabitation, paternity/parenting and separation or property settlement agreements. While knowledge of matrimonial law is a prerequisite to negotiating marital agreements, this area also requires specialized knowledge of Tax, Real Estate, Employee Benefits and Trusts and Estates law, which few divorce litigation boutique firms have. We provide sophisticated counseling for our clients, and we negotiate and draft agreements. We can draw upon the resources of our full-service law firm, including trusts and estates, tax, real estate, employee benefits, corporate and litigation departments.

Moses & Singer is trusted by prominent business men and women, sports and entertainment celebrities and high-net-worth individuals to protect their interests. Our vast experience allows us to identify issues and possible solutions effectively, enabling us to also represent persons of more modest means or the less-wealthy party to such agreements.

We are advocates for our clients’ interests, but recognize that it is essential to create a positive atmosphere in which the underlying personal relationships are preserved rather than strained by the negotiation of a marital agreement. Our goal is to arrive at an agreement that benefits both parties. We pride ourselves on our ability to successfully negotiate marital agreements with professionalism, efficiency and sensitivity.

  • Prenuptial Agreements

A prenuptial (also known as an ante-nuptial) agreement, or "prenup," is a private agreement between a prospective bride and groom that arranges their financial matters in advance in the event of future separation, divorce and death. The agreement substantially overrides the law that otherwise would apply. Increasingly, young couples are entering into prenuptial agreements to protect businesses, professional practices, careers, inheritances and credit. Older, more established couples traditionally use them to protect their nest eggs for themselves and their children from prior marriages. As a result of the high divorce rate, the changing divorce laws, the trend toward marrying later in life and greater longevity, more and more couples are recognizing the prudence of negotiating carefully tailored prenups that protect the expectations of both parties to an upcoming marriage.

  • Postnuptial Agreements

"Postnups" are similar to prenups except that they are entered into during marriage. They are for couples who want to amend their prenups, who did not have a prenup when they married, but realize the need for one after marriage, or whose circumstances change after marriage. They are negotiated in contemplation of an ongoing marriage and often provide a means to strengthen the marital relationship by clarifying expectations.

  • Cohabitation Agreements

"Cohabs" fulfill the functions of a prenup or postnup for heterosexual and same-sex couples who do not marry. Arguably, they are even more important than prenups, because the law generally provides few, if any rights, for cohabitants other than those embodied in a contract. The number of cohabitation agreements has grown along with the widespread prevalence of cohabitation among couples of all ages. The greater legal acceptance of same-sex marriages also has led to an increased demand for cohabs/prenups.

  • Paternity/Parenting Agreements

Paternity/parenting agreements acknowledge paternity/parenting and provide protection for both parents and children. These agreements are being used more frequently as DNA testing and out-of-wedlock parenting become more common.

  • Separation or Property Settlement Agreements

A negotiated separation agreement provides a cost-effective way to terminate a marriage. Our firm's expertise in complex valuation, economic, retirement plan-related and tax issues, as well as our substantial experience in negotiating and drafting such documents, makes us uniquely equipped to structure the amicable dissolution of a marital partnership.

  • International Agreements

In our increasingly mobile world, more and more couples of different citizenship marry and move from one country to another. Moses & Singer has in-depth experience in handling "cross-border" marital agreements. We also maintain extensive international contacts, both through the MSI Global Alliance and otherwise, with lawyers around the globe who specialize in matrimonial law.

  • Collaborative Law Agreements

We also are qualified to represent clients in the collaborative law process, an increasingly popular way to resolve family disputes without litigation.

See Prenups for Lovers: A Romantic Guide to Prenuptial Agreements, written by Arlene G. Dubin, www.prenupsforlovers.com. For more information, please contact Arlene, who can be reached at 212.554.7651 or adubin@mosessinger.com.

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