New York Prenuptial Agreement Lawyer
Prenuptial agreement is a pre-marriage contract of two spouses. It is also called premarital agreement.
Most importantly, it resolves the economic consequences of the divorce. Also, it can contain the spouses’ duties during the marriage. The court will enforce the prenuptial agreement if the agreement is valid. In other words, the parties entered into the agreement according to the proper procedure. In addition, the terms of the agreement must be fair and not unconscionable.
For all these reasons, spouses must enter into prenuptial agreements willingly. Importantly, each party is strongly encouraged, to be represented by separate counsels. In addition, each spouse must disclose their financial and property assets to each other for the prenuptial agreement to be valid. Our New York Prenuptial Agreement Lawyer is here to help to protect your secure marriage.
To clarify, the prenuptial agreement usually outlines which of each party’s assets will be considered separate property. Such property is not subject to division in a divorce. Also, the prenuptial agreement may limit or eliminate maintenance (alimony) for the less-monied spouse. But, each party must be able to support themselves financially prior to marriage and after the divorce.
In addition, spouses may include various limitation in the prenuptial agreement.
For example, the prenuptial agreement may discuss day to day responsibilities of the spouses. However, the terms of the agreement cannot force either spouse to break the law. Thus, one spouse cannot force the other spouse to commit crime.
New York courts are very protective of spouses rights when it comes to premarital agreement. Therefore, courts find many prenuptial agreements to be unenforceable. So, spouses must always hire an experienced New York Prenuptial Agreement Lawyer. Otherwise, their prenuptial agreements maybe found useless.
For a Complete List of New York Statutes related to Prenup Agreements please click here.
If you would like to schedule a free consultation with New York Prenuptial Agreement Lawyer, please call us at (929) 920-6606