When you work with my firm, you can be confident that your case is in good hands. I have been serving the Bronx area since 1989, and I am proud to have an in-depth and up-to-date understanding of the various New York and federal laws governing family law matters and divorce. If you are considering filing a petition for a family law concern, do not hesitate to retain me as your prenuptial agreement lawyer in New York.
New York Prenuptial Agreement Lawyer
Drafting a Prenuptial Agreement in NYS
Planning a wedding can be time-consuming, and the last thing engaged couples want to think about is an impending divorce or separation. But statistics show that sometimes the worst does happen. Before saying "I do," couples should consider speaking with an attorney about drafting a prenuptial agreement.
Prenuptial agreements, if completed properly, can help protect the couple and the individual entering matrimony if the marriage doesn’t work out.
When you retain me as your Bronx prenuptial agreement lawyer, I will sit down with you to help you understand the many benefits of a prenup and guide you through the drafting process. I can help evaluate your goals and ensure that the legal prenup documents meet all your needs.
What Is a Prenup?
A prenuptial agreement, or “prenup,” is a legally binding premarital contract that outlines how important issues—from property and asset division to child support, alimony, businesses, and more—would be handled in the event of a divorce.
Reasons for a Prenuptial Agreement
Here are just some of the most common reasons why couples decide to get a prenup:
- Protect your personal finances
- Protect your personal property rights
- Protect your current child(ren)’s inheritance
- Avoid taking on your spouse’s existing debt
- Avoid a contentious divorce down the road
I will draft a prenup that best suits your needs. For example, if you are a person of high net worth or your spouse has significant debt from before your marriage, a prenuptial agreement can help separate your finances throughout the course of your marriage.
Another situation I can help with is if you are entering into a marriage with children from a previous marriage. A prenuptial agreement will help make sure that your children are protected in the event of your death or a separation.
What Does a Prenup Cover?
A prenup covers anything and everything that would be considered in a divorce proceeding:
- Asset division
- Debt distribution
- Property rights
- Spousal and child support payments
- Who gets the family business, if any
Prenups can also protect future assets. To make sure your future assets are protected, take great care to detail which assets the prenup covers. A judge will likely consider general language to be too vague and, therefore, unenforceable.
How to Get a Prenuptial Agreement in New York
The first step will be disclosing to your spouse-to-be all the property, assets, and debt you have. Then, you will both need to draft an agreement for how these matters will be handled should you part ways. Lastly, you will need to get this draft translated into a legally binding contract.
This is easier said than done. When you are drafting a prenup, it is crucial to know what would render it invalid. If you don’t, there is a strong chance you’ll end up with a useless prenup.
What Makes a Prenuptial Agreement Invalid?
Some common grounds for challenging a prenup are:
- You and your spouse used the same attorney: The courts may not enforce a prenup developed by a single attorney. If you’re using an attorney your future spouse has already used for years, that attorney may have an unfair bias for your future spouse. This can result in an unfair prenup. It is best for each of you to have your own attorney.
- Unfair/inequitable terms: Even if one person is far wealthier than the other, it would be unfair and inequitable for the person with less wealth to leave with nothing. Chances are that they will be making some sort of sacrifice of their own, such as putting their career on the back burner to take care of the kids.
- Coercion or duress: The courts will not enforce a prenup that was signed under duress. The same applies if one person pressured the other into signing a prenup, didn’t let them get their own lawyer, or used any other type of coercion.
- Fraud: If the prenup defrauds one party, it won’t be considered valid. An example would be if one person kept assets or debts hidden from the other.
In general, any prenup that is clearly one-sided or ambiguous isn’t enforceable.
Get a Prenup that Works for You
At The Law Office of Ava G. Gutfriend, I am aware that marriage is an important time in your life and that you probably do not wish to spend hours on end discussing a legal document. When you retain the representation of a Bronx prenup lawyer from my firm, I will work diligently to get the job done correctly and efficiently so that you can move forward with your life.
These documents can be immensely beneficial to you, your spouse, and your children. It is always recommended that you speak with a Bronx prenup attorney to complete them properly.
If you are interested in drafting a prenuptial agreement, contact a Bronx lawyer online today. I would be happy to meet with you and discuss your options.
How much does a prenup cost?
Most attorneys charge an hourly rate to draft prenups. Since every case is different, it is difficult to estimate exactly how much your prenup will cost.
The Law Office of Ava G. Gutfriend is known for quickly and efficiently resolving legal matters—from prenups to postnups. We can give you an estimate in an initial consultation.
Are prenups enforceable in New York?
Prenuptial agreements are enforceable when done properly. That’s why it’s so important to work with a prenuptial agreement lawyer. You don’t want to prepare for the worse, have it happen, then find out your plan (in this case, the prenup) wasn’t workable.
Is it too late to get a prenup after marriage?
Yes, it is too late to get a prenup once you are married. You may, however, get a postnuptial agreement. Postnups are basically prenups signed after you’ve tied the knot.
A few reasons why couples obtain mid-marriage agreements are:
- Becoming a stay-at-home parent
- Getting a big inheritance
- Starting a business
Find out if a postnup is right for you. Call our Bronx lawyer at (888) 448-2068 today!