FOLLOW US :
212-300-5196

Prenuptial Attorneys in Long Island

What a Prenuptial Agreement Does for Couples

When a couple is thinking about the possible benefits of a prenuptial agreement; it’s an extremely personal decision. Each marital situation is different. The decision must be made on a couple’s individual set of circumstances. Prenuptial agreements are becoming popular with people of modest means as well as the wealthy.

Avoid Financial Disagreements

One of the main causes for divorce is finances. When couples can discuss the financial issues involved with their marriage before being married, it can avoid many misunderstandings. This agreement can cover such issues as property, assets, financial obligations and more. This avoids disagreements over unknown financial issues during the marriage. This is also an effective way to nurture positive communications between a couple.

What To Include

Legal experts will advise couples considering a prenuptial agreement to determine what they want it to do for them. They may want to identify what assets are joint and which ones they want to keep separate. Family property and providing for current as well as future children should be discussed. How children from a previous marriage will be handled financially should also be determined. An agreement should be reached on the responsibility of individual as well as joint debts. How household bills will be handled as well as taxes and more. Finance and investment goals need to be addressed. Distribution of property and assets in the event of a divorce should also be discussed and included in the prenuptial agreement.

Financial Rights

A prenuptial agreement can be used to clarify the financial rights of each marriage partner. People may want to have their different financial rights and responsibilities established prior to marriage. It’s also possible for people to make certain assets will remain with them if the marriage ends. This could involve such assets as real estate and more that could increase in value during the marriage. There are states that won’t permit a spouse to not pay alimony. The alimony listed in a prenuptial may not be honored by a court in some states. This is true if it denies alimony, and the spouse to receive it didn’t speak with an attorney prior to signing the prenuptial.

Your Investment in Your Spouse’s Education

If you finance your spouse’s post secondary education so that he or she is pursuing a degree, you are, in a sense, making an investment. After he or she graduates, you will have a more prosperous lifestyle as their income increases. If after graduation, you end up in divorce, your spouse will continue to reap the rewards of the degree.  If you don’t have some provision in place to protect you in a situation like this, you stand to lose your investment. A wise prenuptial attorney will proactively address this problem by including the value of the degree in your prenuptial agreement.

Child Support

A prenuptial agreement cannot include child custody issues such as child support and more. A court will be involved with this decision. It will be decided by a court based on what it determined to be in the best interest of any children involved with the marriage. Many different factors will be taken into consideration when deciding issues affecting children.

Other Clauses You Would Not Have in a Prenuptial

Clauses Based on Non-Monetary concerns

All potential clauses that cover concerns other than monetarily-based ones should be excluded from a prenuptial agreement. For example, your prenuptial agreement must not stipulate how often you engage in intimate relations, any requirements regarding housework, or limitations on visits from inlaws. Under some circumstances, courts in Long Island may simply ignore these types of clauses.  Nevertheless, there are some scenarios in which a court can rule that terms like these render the entire agreement invalid.  

Unjust Clauses

Even though a prenuptial agreement is a legally binding contract when it is valid, judges can strike your agreement down as invalid if any of the terms are perceived to be unfair, unjust or deceitful. Your prenuptials attorney in Long Island can look at a proposed prenup before you sign to give you the assurance that it doesn’t contain terms that could be considered unfair for you.

Valid Prenuptial Agreement

Many courts will carefully scrutinize a prenuptial agreement. Many of them will include a waiver of a financial or legal benefit for the spouse who is not wealthy. It’s common for the wealthy spouse to be the one who wants to end the marriage. Every state will permit couples to enter into a prenuptial agreement. If the agreement is determined by a judge to be unfair, or not in compliance with the state’s legal requirements, it will be considered invalid and set aside.

When a couple is considering a prenuptial agreement, it’s important they negotiate honestly and in good faith. They need to work with an attorney and create a document that is easy to understand, clear and meets their needs. Having separate lawyers review it, and agree with it, will help the chances of a prenuptial agreement holding up in court.

The Fortitude of the Contract

Just as all contracts, your prenuptial agreement can be contested in a divorce proceeding. If your prenuptial agreement is valid, then it should be easily upheld in court. On the other hand, poorly-composed prenuptial agreements can be found invalid by a family court judge.

A second review of a prenuptial agreement may reveal a host of major errors in the document that, under New York state legislation, would render the whole prenuptial agreement useless. Incomplete or false information in the document can be utilized as grounds for asking that a prenuptial agreement be invalidated.

A well informed prenuptial attorney in Long Island is not likely to make such gross errors when drafting your prenuptial agreement. Decades of experience with prenuptial agreements in both drafting and litigating the agreements in family court collaboratively contribute to legal expertise.

Put more concisely, a prenuptial agreement written by an attorney should have the built-in validity necessary to hold up in a court of law.

Of course, people contesting a prenuptial agreement may be able to do this successfully even when an attorney wrote up the original document. In cases like these, the duty an attorney can perform would be to review the agreement. If flaws are discovered, then the attorney can argue the document fails the validity test in Long Island.

Discuss Your Prenuptial Agreement with Counsel

Long Islanders with questions about prenuptial agreements would be wise to direct their questions towards a prenuptial attorney who is capable of providing answers. In the first place, bringing in an experienced prenuptial attorney to draft the agreement would be a wise move as well.  If your agreement is already in place, then your attorney can review it at any point in time.  


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

Our divorce lawyers provide superior service, and results, with a white glove touch that few others can deliver.

Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us