Pre-Nuptial Agreement Lawyer in Manhattan
Drafting Enforceable Contracts to Safeguard Financial Futures
Pre-nuptial agreements are written contracts that address the financial aspects of marriage. They are entered into before marriage and become effective upon marriage. While prenups are not a romantic part of wedding planning, they can be very important financial safeguards during marriage and when marriages fail. Prenups are most commonly used to protect assets brought into the marriage. They can also be drafted to shield one spouse from the other’s debt, to specify whether or not spousal support will be paid upon divorce, and even to clarify financial responsibilities during marriage.
Pre-Nuptial Agreements Are Beneficial in Many Marital Situations
Whether a prenup is advisable for you depends on the individual circumstances of both you and your future spouse. After learning about your situation, our prenup lawyer in New York can help you understand if and how a pre-nuptial agreement may protect you. Our Manhattan family lawyers have extensive experience drafting enforceable agreements; we also review prenups for people who have been presented with one by their future spouse. Additionally, we represent people going through divorce who wish to challenge prenups they believe are unfair or not in their best interests.
Reach out to us today at (718) 942-4004 to schedule a consultation.
Issues that Pre-Nuptial Agreements Address
Get Experienced Help from Our Prenup Lawyer in New York
Pre-nuptial agreements in New York can address a wide variety of concerns for people who are marrying.
Here are several things that prenups can do:
- Designate what is separate property and what is marital property
- Protect separate businesses from the fallout of divorce
- Clarify responsibility for separate and marital debt
- Specify whether spousal support will be paid and how much
- Stipulate that spousal support will not be paid should the marriage end
- Protect inheritances and financial interests of children from previous relationships
- Define parameters for managing finances during marriage, such as bill paying responsibilities, budgeting, saving, and more
- Establish spouses’ entitlement to life insurance benefits.
These are some of the issues a prenup can address. There is no one-size-fits-all pre-nuptial contract for marriages. A family law attorney from our firm can offer strategic guidance in helping you decide what to include in your prenup to provide yourself the strongest protections. Prenups can be beneficial in many marriages and are especially valuable for high-net-worth couples with numerous assets and properties.
When you trust The Levoritz Law Firm to assess your situation and draft your unique prenup contract, we will work meticulously to ensure that no detail is overlooked.
How to Find a Good Lawyer for a Prenup
If you’re considering a pre-nuptial agreement, you want to be sure to work with a skilled New York lawyer who knows how to prepare prenups that are enforceable and stand up to legal challenges. But how do you find a good lawyer for a prenup? Most importantly, you should look for an attorney who concentrates their legal practice in family law, including having extensive experience in preparing marital prenups. When you are researching attorneys, don’t be afraid to ask about their specific background in drafting these contracts, especially in relation to your reason for getting one. The attorney should have a solid grasp of what could make a prenup unenforceable in New York State.
What May Make a Pre-Nuptial Agreement Unenforceable?
To be valid, prenups in New York must be in writing. They may be unenforceable if:
- A spouse was under the age of 18
- A signing spouse wasn’t mentally competent
- It was not signed by both parties in front of witnesses
- One of the spouses was coerced into signing the agreement
- The agreement was quickly signed right before the wedding, as it could indicate duress
- Overreaching was a factor in the agreement
- One of the parties did not have their own legal counsel
- The agreement is so unfair or inequitable that it could create a financial hardship
- A spouse was defrauded in the prenup.
Overall, an agreement must be fair on its face, or the court will inquire into fairness. When you need a prenup drafted or reviewed and want to be sure it is fair and enforceable, reach out to our family lawyers.
At The Levoritz Law Firm, our top-quality New York prenup attorneys understand all the legal complexities surrounding pre-nuptial agreements. Dial (718) 942-4004 for effective legal assistance.Get Help Today
Pre-Nuptial Agreement Checklist
Our Prenup Attorney Will Help Ensure that Nothing is Overlooked
Here is a checklist to help you think through your pre-nuptial agreement and what it should contain:
- What assets and debts you and your spouse have pre-marriage and whether you will each keep ownership and responsibility for those
- Whether assets gained during marriage will be owned by both of you or whether another arrangement is more beneficial, depending on the circumstances
- How debts accumulated during marriage by both of you or one of you will be handled
- What your styles are for handling money and paying bills and who will take on these day-to-day responsibilities, including overseeing joint checking accounts
- How you will resolve money disputes during marriage
- How support to children from previous relationships will be addressed
- If one of you owns a business, how ownership rights be will addressed, especially if the other spouse contributes significantly to the business.
Depending on your circumstances, your checklist may include additional concerns, such as a waiver of the other party’s right to seek counsel fees during divorce. However, it should be noted, if the agreement isn’t structured properly, counsel fees related to child support and other issues may be awarded in spite of the waiver.
When a skilled prenup attorney from our firm meets with you, we will help you identify everything to consider in your case. We won’t let any important considerations fall through the cracks. Call us today at (718) 942-4004. Our pre-nuptial agreement lawyer in Manhattan is ready to assist you in safeguarding your financial future.
New York Prenup Attorney Answers Common Questions
Following are frequently asked questions about pre-nuptial agreements. Every New York couple’s situation is different. To get answers to questions for your individual situation, contact our Manhattan law firm at (718) 942-4004 or through our online form.
Does a prenup require a lawyer in New York?
You are not required to hire a lawyer for your prenup. However, unless you are highly familiar with New York law and how to properly draft and file a pre-nuptial contract, you could put your financial interests at great risk if you divorce. Prenups that are incorrectly prepared and executed may very well be thrown out by the court.
Can a pre-nuptial agreement decide child custody and support in the event of divorce?
When a divorcing couple has children, child custody, visitation and child support decisions are made based on the best interests of children, not by prenups. However, if pre-nuptial agreements address custody, support or related issues, a judge in New York may enforce them when they believe the terms are in the children’s best interests.
Can I appeal the court’s decision to not enforce my prenup?
Yes. Court decisions regarding pre-nuptial agreements can be appealed. Our experienced appellate attorney at The Levoritz Law Firm can determine whether your case merits an appeal. Call us today at (718) 942-4004 to arrange a consultation.
Do couples getting prenups need separate attorneys?
It’s best that each spouse have their own attorney in preparing a prenup. The attorney for each spouse will ensure that the prenup is fair to their client and that their rights are protected. If you do not have separate attorneys looking out for your interests and questions arise later about unfairness in your prenup, the agreement may be unenforceable.
What law in New York governs prenups?
Many states have adopted the Uniform Premarital Agreement Act that provides detailed guidance related to prenups. New York has not adopted the act, but provides a provision for pre-marital contracts under New York Consolidated Laws, General Obligations Law GOB § 3-303. The full statute says, “A contract made between persons in contemplation of marriage, remains in full force after the marriage takes place.”
How do I speak to my future spouse about getting a prenup?
We know conversations about prenups can be difficult to have. The earlier you have it, though, the better. Do not wait until the last minute. Besides the significant time it can take to get prenups prepared and executed, if the first time the other person learns that you want a prenup is near your wedding day, it may make them feel like they are being given an ultimatum. And, legally, should you hurry through the prenup process and the marriage ends, your spouse may challenge the prenup by claiming they were rushed or coerced into signing.
So, if you are headed to marriage, speak to your future spouse as early as possible about your desire for a prenup. Describe calmly and clearly to them your reasons for wanting a prenup. You may find that your future spouse also has concerns that can be addressed in a pre-nuptial agreement. Having this conversation can also lead to more open communication about how finances will be handled in the marriage and your expectations of each other.
Reach Out to Our Prenup Lawyer in New York for Help
Reputable Family Law Representation in New York to Draft Your Pre-nuptial Agreement
Pre-nuptial agreements in New York are complicated. As a highly experienced family law firm, we know how to navigate through the legal intricacies involved and develop enforceable pre-nuptial contracts that stand up to challenges. Whether you are wondering if you really need a prenup, want an agreement drafted, need one reviewed or are facing a challenge to a prenup during divorce, we can help you. Don’t wait to contact us. The sooner we learn about your legal need, the sooner our prenup lawyer can begin protecting your financial future.
Reach out today to The Levoritz Law Firm to speak with a skilled pre-nuptial agreement lawyer. Call us at (718) 942-4004 to arrange a consultation.