A Prenuptial Agreement is a contract that a NYC prenup lawyer draws up for a couple getting married. The agreement clearly defines property rights of the two people during the marriage, if there’s a separation or divorce, or if one of the spouses dies. The agreement takes effect at the time of the marriage. A prenuptial agreement can be drawn up for two people in New York entering into a civil union. Even though prenuptial agreements are recognized in the United States, they aren’t always enforced if they aren’t properly drawn up.
Protecting Your Assets
If you’re planning to be married, you may want to consider a prenuptial agreement. The prenuptial agreement is also known as a premarital or antenuptial agreement and is an effective way to minimize issues that may arise in the event of a divorce. In the agreement, the two parties can alter their rights and not have legal restrictions. In the event of the death of one of the parties, the agreement may include inheritance rights. If you’re planning to be married and want to learn more about how a prenuptial agreement can help to protect your assets, please contact our NYC prenuptial attorneys for a free consultation. We can help you to draft a prenuptial agreement that’s reasonable and fair to both parties and will protect your assets in the event of a divorce.
The Spodek Law Group has more than 50 years of experience and has represented thousands of clients. We understand the importance of communicating with our clients and answering questions, so you understand every aspect of your case. Our NYC prenup lawyers can help draft your attorney, regardless of how sophisticated or difficult your situation is. Our clients can always call the attorney assigned to their case on the attorney’s cell phone. We’re available for meetings and video conferences at your convenience.
We understand that our clients have financial obligations and that legal costs are often expensive. We want to make the cost of your case as reasonable as possible, so we offer flexible payment plans and accept major credit cards. We work to ensure the complete satisfaction of our clients. Our law firm is family-oriented. Our attorneys have the dedication to our clients to work together as a family. Our clients have the assurance that they will be able to work with the attorney that previously represented them for any legal issues that arise in the future.
Effective Case Management
Our law group provides all-inclusive case management for our clients, using state-of-the-art technology. Our client’s files are available to attorneys, support staff, experts, and investigators. We always have staff available to answer your questions. Client’s documents are searchable twenty-four hours a day, seven days a week.
Our Success Rate
We have been assisting families in New York with complex legal issues since 1976 and have a high success rate. We’ve been able to secure court-ordered custody and visitation rights for thousands of parents. Our NYC prenup lawyers have helped thousands of clients to eliminate debt, and successfully represented clients in difficult divorce case with outstanding results.
We offer free consultations to potential clients in a way that’s convenient for you. Unlike some law firms, we don’t set a specific time for your consultation. We want you to feel comfortable with our attorneys and our support staff, so we don’t have a time limit and we allow you to ask all the questions you have. The consultation is over when your questions are answered to your satisfaction. We offer consultations in person, on the phone, or by a video conference.
How A Prenuptial Agreement Can Help You
The prenuptial agreement can help minimize disagreements when two parties in New York decide to get a divorce. If the agreement is drawn up correctly, it’s hard to disregard, and the conditions in the document should be considered valid. The prenuptial agreement in New York is valid only if it’s drawn up prior to the marriage. Prenuptial agreements regarding property rights of a married couple are recognized throughout the United States and the District of Columbia.
New York Domestic Relations Law
It’s in the best interest of an engaged couple to learn what their rights are under the terms of a prenuptial agreement. If either of the parties has children from a previous marriage or relationship, the prenuptial agreement can be specific about the property that their children will inherit. Our NY prenuptial lawyers can help advise you on all of the specific issues, as they pertain to your financial state. The Domestic Relations Law Section 236, Part B, in New York, is very specific about the property rights of both parties. Property rights include personal property, real estate, bank or cash accounts, and stocks or bonds.
Child Custody and Support
Couples in New York aren’t obligated to execute a prenuptial agreement, but may do so if they wish. The agreement may be drawn up to specify arrangements for child custody and financial support. However, when children are involved, it’s up to the court in NYC to make arrangements that are in the best interests of the children. A prenuptial agreement that’s drafted well can protect the interests of children in the event of a previous marriage.
Reasons To Consider A Prenuptial Agreement in New York
A well-drafted prenuptial agreement can protect your assets including a large net worth, business assets, vacation homes, and inheritance rights. The agreement can protect you from liabilities of your spouse including personal or business loans, credit card debt, gambling, and child support obligations.
How is a Prenuptial Agreement Enforced?
The timing of when a prenuptial agreement is typically enforced usually revolves around some sort of change in the status of a married couple, such as death, separation or divorce. Spouses generally choose to enter into a prenuptial agreement with the desire of preserving the status quo of some major assets even when one of those unexpected events happen. If spouses have an uneven distribution of wealth or any businesses owned solely in one partner’s name, this could lead them to think about a prenuptial agreement as a way to make sure that those assets stay in tact.
In order for a prenuptial agreement to be enforceable, it must be written down and signed by both parties. There are other requirements that courts will also look into, but without a signed prenuptial agreement, there is really nothing to enforce in most cases. Even though you may think at the time of signing the prenuptial agreement that there is no way for either party to contest it or try to get out of certain provisions of the prenuptial agreement, they are not always as tight as you might think.
Upon divorce or separation, one spouse may file a motion with the family law court to enforce the prenuptial agreement. This spouse will typically be the one who would not be losing money under the prenuptial agreement. If the other spouse disputes that the prenuptial agreement should be enforced, then that spouse will have to convince the court that there is some reason that part or all of the prenuptial agreement should be disregarded. This is not always an easy task, but it happens more often than you might imagine. Just because one spouse is not happy with the terms of the prenuptial agreement that he or she agreed to before ending the marriage, this is not a valid reason to ask the court to ignore the provisions of the prenuptial agreement.
Some of the reasons that a prenuptial agreement would be unenforceable include:
- One spouse may be able to prove that he or she was forced to sign the prenuptial agreement against his or her will.
- If both spouses were represented by the same attorney, there may be a conflict of interest, making the prenuptial agreement invalid.
- There may be certain terms of the prenuptial agreement that cannot be legally enforced, but the court will still try to uphold the other portions.
- If the prenuptial agreement is unconscionable, or extremely unfair to one party, the court will reject the entire agreement.
It will be difficult to get through the process of trying to have a court enforce a prenuptial agreement without the assistance of an experienced family law attorney. There are many complexities in interpreting these types of contracts, which may not be evident to the average person. The sooner you retain a trusted family law attorney to assist with your prenuptial agreement, the better position you will be in to gauge what your ultimate obligations and benefits will be under the prenuptial agreement. Even if you are still in the early stages of the process, speaking with a competent attorney can give you a better idea of what to expect and how long the process could take to get a prenuptial agreement enforced by the court.
What makes prenuptial agreements legally binding
A prenuptial agreement is a binding contract between two individuals who plan to wed. Because a prenuptial agreement is a contract, there are certain elements which must be in place in order to make a prenup legally binding.
At the heart of any contract, including a prenuptial agreement, is something that is known legally as consideration. Consideration represent each party to a contract giving the other party something of value. For example, in a contract to purchase an automobile, one party provides money and the other party provides a vehicle, each party providing something of value.
A prenuptial agreement must be in writing. Although certain types of verbal contracts are legally binding, there is no such thing as a binding verbal prenuptial agreement.
In order for a prenuptial agreement to be binding, the parties must each make sufficient disclosures to one another. Specifically, each party must sufficiently disclose assets, income, and debts in advance of entering into a prenuptial agreement.
Ample Time to Review
Each party intending to enter into a prenuptial agreement must be provided with ample time to review the document. This includes providing each party ample time to consult with independent legal counsel before signing a prenuptial agreement.
Consult with Legal Counsel
In many situations, the attorney for one of the people intending to wed is the individual that will draft a proposed prenuptial agreement. As a result, the attorney that drafts the document cannot provide any type of legal advise to the other individual intending to marry.
The person not represented by an attorney must be provided ample opportunity to consult a lawyer before a prenuptial agreement is signed. The failure to permit a person sufficient opportunity to seek legal advice can result in a prenup being set aside as unenforceable, even if both parties end up signing it.
Both parties to a prenuptial agreement must enter into the contract voluntarily. They cannot be forced or coerced into signing the document. It must be done as the free and voluntary act of both parties.
If one party to a prenup was threatened or deceived into signing a prenuptial agreement, that contract can be declared void or invalid if challenged at some juncture in time. Indeed, this is one of the most common reasons why a prenuptial agreement is set aside at some future date and time.
Signature of Both Parties
A prenuptial agreement must be signed by both parties. In some states, a prenuptial agreement must be signed by both parties in front of a notary public. The parties to a prenup need to make certain that the specific signing requirements in a particular state are fully satisfied. The failure to follow these requirements can result in a prenup being declared invalid or unenforceable at some future point in time.
A person planning on marrying, who is faced with the prospect of entering into a prenuptial agreement, should be proactive in retaining legal representation to represent his or her legal rights and interests. Prenuptial agreements are complicated contracts. A skilled, experienced prenuptial agreement lawyer can provides vital assistance in matters associated with entering into a prenuptial agreement in advance of becoming married.
A prenuptial agreement attorney will schedule an initial consultation with a prospective clients. Typically, there is no fee charged for an initial consultation.
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