Marital Contracts Professionals in New York State, Long Island & Elsewhere

If you have substantial personal wealth, high divorce statistics can make entering into a marriage very unsettling. Even though you are on cloud nine heading into the marriage, what if the future holds separation or divorce?

In the state of New York, prenuptial and postnuptial agreements are used to cover the rights and responsibilities during the marriage of two people. If the couple happens to file for divorce, the agreements can help with the division of property and spousal maintenance issues.

These agreements are particularly beneficial when you:

• Are entering into a marriage that is not your first
• Have children from a previous marriage
• Have significant assets, property, and investments

Our New York City prenuptial and postnuptial agreement attorneys are skilled and knowledgeable in preparing and executing these marital contracts.

Schedule a free consultation with a New York City prenuptial and postnuptial agreement lawyer now. Call (212) 577-9314 or contact us online to protect your interests and secure your future.

What Can Be Included in a Prenuptial Agreement?

A prenuptial agreement can cover a wide range of financial matters, including but not limited to:

• Division of Property: The agreement can outline how property will be divided if the marriage ends in divorce. This includes real estate, personal property, and any other assets accumulated during the marriage.
• Spousal Support (Alimony): A prenuptial agreement can specify whether one spouse will be entitled to spousal support in the event of a divorce and the amount or duration of such support.
• Business Interests: If one or both parties have a business, the prenup can determine how business assets will be divided in the case of divorce, protecting the business from being split or sold.
• Debts: A prenup can specify how existing debts, such as student loans, credit card debt, or mortgages, will be handled in case of divorce.
• Retirement Accounts and Investments: The division of retirement accounts, pensions, and other investment assets can be explicitly outlined in the prenuptial agreement.

It’s important to remember that while prenuptial agreements can address a variety of financial matters, they cannot include provisions that are against public policy, such as child custody arrangements or child support terms, as those matters are determined by the court based on the child’s best interests.

What are the Benefits of a Prenup or Postnuptial Contract?

There are many benefits that come from creating a marital contract. Of primary importance is the ability to decide for yourself how your property and assets will be handled as opposed to having it dictated by the defaults of New York State law.

Some benefits of prenuptial and postnuptial agreements include:

• Protecting the inheritance of children or grandchildren from a previous marriage
• Protecting you from assuming the obligations of your spouse and his or her debt
• Protecting full ownership of any business or medical practice that you may own
• Limiting the amount of alimony you will need to pay your spouse in a divorce
• Determining the decision-making involved in marriage and how couples will share in responsibilities

Whatever your goals in creating a marriage contract, our New York City prenuptial and postnuptial lawyers can draft an agreement that meets your needs. Keep in mind that if a marital contract does not meet state requirements, it can be nullified. We can help you avoid making any costly mistakes to ensure that your marital contract is binding for the duration of your marriage.

What is The Process of Creating a Prenuptial or Postnuptial Agreement?

Crafting an agreement may seem daunting, but understanding the process can alleviate your concerns and help you make informed decisions. Here’s a step-by-step guide to what you can expect when working with our experienced attorneys:

1. Initial Consultation: We begin with a personalized consultation to understand your unique situation, discuss your goals, and address any questions you may have about prenuptial agreements.
2. Information Gathering: Both parties will need to provide financial disclosures, including assets, liabilities, and income. This transparency is crucial for a fair agreement.
3. Drafting the Agreement: Our legal team will draft a comprehensive prenuptial agreement that reflects your wishes and complies with New York law, ensuring that all necessary provisions are included.
4. Review and Revisions: Both parties will have the opportunity to review the draft. We encourage open communication and will make any necessary revisions to meet your needs.
5. Finalization and Signing: Once both parties are satisfied with the agreement, we will guide you through the finalization process, including signing the document in the presence of witnesses.

By understanding this process, you can approach your prenuptial agreement with confidence. Our dedicated team is here to support you every step of the way, ensuring that your agreement is tailored to your specific needs and protects your interests.

How to make Enforceable Prenuptial and Postnuptial Agreements in New York?

For both prenuptial and postnuptial agreements to be enforceable in New York, certain legal requirements must be met. These include:

• Written Agreement: Both types of agreements must be in writing. Oral agreements are not enforceable.
• Full Disclosure: Both parties must fully disclose their assets and liabilities. Failure to disclose relevant financial information could result in the agreement being invalidated.
• Voluntary Execution: The agreement must be entered into voluntarily by both parties. Coercion, fraud, or duress can render an agreement unenforceable.
• Fair and Reasonable Terms: New York courts will not enforce agreements that are deemed unconscionable or overly one-sided. The terms must be fair and reasonable at the time the agreement is signed.
• Independent Legal Counsel: While not required, it is highly recommended that both parties have their own attorney review the agreement before signing to ensure that the agreement is fair and that both parties understand their rights.