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01 Oct 20

New York Prenuptial Agreement Lawyer

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A premarital agreement is a written contract between two people who intend to get married. The agreement is made in contemplation of marriage. This means it becomes the contract becomes valid and enforceable after the marriage takes place. In New York City, prenuptial agreement laws are outlined under GOB 3-303.

The Types of Issues a NYC Prenuptial Agreement Addresses

A prenuptial agreement seeks to resolve many agreements that can become highly contentious during a divorce. Defining property is one issue that can cause problems during a divorce. Property can be actual things such as an apartment building or car collection. It can also be assets and money.

New York considers two types of property in a divorce: separate and marital property. Separate property is any type of asset or property that a future spouse owns prior to marriage. These assets and property aren’t shared during marriage.

Marital property is any asset or property obtained during the marriage. This means that the couple equally owns the property. Since each spouse owns the property, it will have to be distributed between. This is called division of property.

Future spouses can defined what is separate property and marital property in a prenuptial agreement. They can also defined who receives marital property if they divorce. For example, they can decide if they divorce, then one spouse will receive the house and the other will receive the furnishings in the house.

Spousal spousal support is another issue resolved in a prenuptial agreement. Spousal support, also called spousal maintenance, is money paid by a spouse to their spouse during or after a divorce. It establishes that the spouse paying the support is financial responsible for the ex-spouse on a temporary or permanent basis. The future spouses can determine if spouse support will be paid and which spouse will receive it.

Child support is another highly contentious issue in a divorce. New York law allows for a future couple to make custody arrangements for children who are from a previous relationship. For example, one future spouse has three children from another marriage. She and her future spouse can decide if he will have regular visits with her child if they divorce.

A future married couple with no children can decide a child custody arrangement in their prenuptial agreement. However, family court will make the final decision on child custody arrangements. A family court judge may take a look at the prenuptial agreement to determine if it is in the best interest of the child. All child custody arrangements in New York City are made based on what’s in the best interest of the child.

Understand Challenges to a Prenuptial Agreement

In New York City, all prenuptial agreements must be valid. This means they must follow the laws of the state so they can be enforced. If the laws aren’t followed, then a prenuptial agreement is useless.

Fraud will invalidate a prenuptial agreement. Fraud means that a future spouse intentionally deceived their partner when negotiating the agreement. This can occur when a future spouse doesn’t properly disclose all their assets. New York law requires each future spouse inform their partner about all property, money and other assets they own during the prenuptial agreement.

Coercion or duress can’t be part of the negotiation process. Coercion in a prenuptial agreement means that one future spouse was talked into or somehow forced to agree to draft an agreement or some issue in the agreement. Each future spouse must enter into the agreement freely.

All agreements must be fair to both parties. This means one spouse can’t have everything when dividing marital property. An unequal prenuptial agreement is invalid.

Hire a NYC Prenuptial Agreement Attorney

Future spouses enter into a lot of contracts when they get plan to get married such as hiring a photographer or minister to perform their wedding. Another important contract is a prenuptial agreement. This contract is essential to understanding the rights and responsibilities each spouse will have during their marriage and if they divorce.
A prenuptial agreement doesn’t mean future spouses don’t love each other or they need an insurance policy. It means that they were willing to figure out the not-so-romantic issues so they can focus on romance for the rest of their lives together.
Since each future spouse must be represented by a lawyer to keep the prenuptial agreement valid, contact us. We represent prospective spouses who need advice and legal representation when drafting and signing a prenuptial agreement.

The decision to get married is one that many couples think about for a long time. People may be engaged for many years before deciding to get married. They may complete an education, begin a career and decide to buy a house. As they do so, they accumulate varied types of financial assets. If people later get married, these assets may be subject to sharing by the other member of the couple. In that instance, it may be best for both parties to do all they can to make sure their financial interests are maintained and protected as they get married. Having a good prenuptial agreement has many important advantages. It allows both parties come to the marriage confident that their financial interests will be protected no matter what happens going forward. It also allows both parties to make sure that they can trust the other party. When one party discloses all of their financial issues in advance this means that the other party is being open and honest before they get married. They are letting the other party know how about their assets in advance. Such honesty can serve as a great foundation for any marriage as it means that the other party understands how much they have and what they can contribute to the marriage.

Working it Out

The decision to get married is one that many couples think about for a long time. People may be engaged for many years before deciding to get married. They may complete an education, begin a career and decide to buy a house. As they do so, they accumulate varied types of financial assets. If people later get married, these assets may be subject to sharing by the other member of the couple. In that instance, it may be best for both parties to do all they can to make sure their financial interests are maintained and protected as they get married. Having a good prenuptial agreement has many important advantages. It allows both parties come to the marriage confident that their financial interests will be protected no matter what happens going forward. It also allows both parties to make sure that they can trust the other party. When one party discloses all of their financial issues in advance this means that the other party is being open and honest before they get married. They are letting the other party know how about their assets in advance. Such honesty can serve as a great foundation for any marriage as it means that the other party understands how much they have and what they can contribute to the marriage.

Specific Details

A good prenuptial agreement will also help with other aspects of the upcoming marriage. For example, it may spell out what is allowed depending on how long the marriage continues. A marriage of only a year or so may leave both parties willing to simply walk away. The prenuptial agreement lets one party keep their assets in the aftermath of a bad breakup. Both parties have what they need to avoid any longer term consequences for a relationship that was not mutually agreeable. The same is true of a longer relationship. If the marriage continues over a decade or longer, both parties may find their financial circumstances have changed. An agreement can recognize this face and make according adjustments that make sense to each member of the relationship. For example, if one party agrees to work while the other chooses to earn a medical or law school degree, the agreement can allow one party to claim part of the earnings of the other party as they have helped contribute to their ability to earn a degree and earn more money. This kind of agreement can cover many types of such circumstances in great and useful detail.

The Children

Any prenuptial agreement can also assist with any kind of childcare arrangements. If each member of the couple decides to bring a child into the relationship, the agreement can help with any kind of financial issues related to the care of the child if they decide to get a divorce. This is why it is important to get everything worked out in advance before getting married. A good attorney will listen to both parties and help them resolve any fiscal issues before they head down the aisle. This means that both parties can go into a marriage fully aware of what it means for them personally financially. It can also mean that both parties are fully clear what it means if the marriage is not working for them. A well-crafted prenuptial agreement is a great way to begin a marriage on the right foot

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