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" 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..."

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
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There are many reasons that couples may want to enter into a prenuptial agreement before they head down the isle. Of course, differences in financial situation between the people entering into the marriage is one reason. Creating a prenuptial agreement requires the couple to have a frank conversation about finances and about their expectations for the marriage. Ultimately, the work that the couple does when they create a prenuptial agreement can make their relationship stronger.

What is a prenuptial agreement?

prenuptial agreement is a written, contractual agreement that a couple enters into before they marry. It spells out how the couple plans to divide assets in the event that the marriage ends. If done in accordance with New York law, the courts generally uphold these agreements.

Identify separate property

One important thing that a prenuptial agreement does is list pieces of property that the parties want to keep separate from marital property. This can be real property like land, or it can be items of personal property. The parties can make decisions about whether to keep some property separate from marital property so that they receive this property outside of the division of marital assets in the event of a divorce. This is also helpful if one of the parties expects to receive an inheritance. The parties can agree to keep the inheritance separate from marital funds.

Address spousal support

One of the most common reasons to enter into a prenuptial agreement is to address spousal support. An agreement can spell out exactly how much one spouse pays the other in the event that the marriage dissolves. This can be very important in cases where one party chooses to forgo a career for the sake of the marriage. A prenuptial agreement can award spousal support, or it can bar a party from receiving it. It’s very important to work with a Staten Island prenuptial attorney in order to understand the consequences of any proposed agreement.

In writing and with an attorney

For a prenuptial agreement to be valid, it must be in writing. Oral agreements are not enforceable. In addition, each person should have their own attorney. Each Staten Island prenuptial attorney should discuss the contents of the agreement with their client to make sure they understand the ramifications of what they’re signing.

The court isn’t going to enforce an agreement if they believe that either party signed it under coercion. The court also reviews the agreement to make sure that there’s no fraud involved. Finally, the court has the option to refuse to enforce an agreement if they think it’s extremely unfair.

Can a prenuptial agreement address child custody and spousal support?

Many couples ask our Staten Island prenuptial lawyers to make agreements that address what happens with custody and child support in the event of a dissolution of the marriage. New York law doesn’t allow couples to make enforceable agreements about custody or child support. The law requires New York courts to act in the child’s best interests. The court believes that it’s more important to act in the children’s best interests than it is to uphold an agreement the parents make in most cases before they ever have children.

In addition, children have a right to financial support from both of their parents. That’s not something that the parents can choose to bargain away on behalf of the child. The court is going to apply the child support guidelines to arrive at an amount of support that they think is appropriate for the children.

One thing to keep in mind is that the court is able to make decisions about the appropriate amount of support when the parties have very high incomes. The court has discretion to fashion an appropriate amount of support given the entire situation. While the parties can’t put a child support agreement in a Staten Island prenuptial agreement, the court has the authority to make decisions that they feel are in the best interests of the children.

Work with us

If you’re in the process of contemplating a prenuptial agreement, we can help. We can help you draft an agreement that complies with your wishes in a way that’s enforceable in the New York courts. We work with you to make sure that you understand the terms of your proposed agreement.

In addition, if you have questions about whether your prenuptial agreement is enforceable, we have experience interpreting and litigating these agreements in court. Our team of Staten Island prenuptial attorneys gets to know you and the entire situation, and then we help you make a plan to assert your rights in the best possible way in the New York courts. If you’re facing a legal matter in Staten Island or anywhere in New York, please call us to talk about your case.

 


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!

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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

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