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Last Updated on: 2nd October 2023, 06:51 pm
Prenuptial Agreements: A Comprehensive Guide
Introduction to Prenuptial Agreements
Sometime when people get married they set up what is known as a prenuptial agreement. These agreements are common when individuals want to protect assets and property that was gained before the marriage. In New York, the agreement is valid as soon as the two marriage is performed. But prenuptial agreements must be set up correctly or they will not be enforceable.
How To Protect Your Assets
Prenuptial agreements are quite common, and if you are planning to get married you may consider getting one. Also called a premarital or anti-nuptial agreement, it can be set up to alter the rights of parties, including inheritance rights. If you’re getting married and believe you may need a prenuptial agreement, contact one of our Long Island prenuptial lawyers. They can consult with you advise you on how to preserve your assets. We will draft a prenuptial agreement that is fair and will stand up in court in the event of a divorce.
Long Island Prenuptial Lawyers Experience
Our law firm has over 50 years of combined experience representing thousands of clients. We understand the importance of taking you by the hand and walking you through your case from beginning to end. Our New York Lawyers will answer all of your questions and make sure you are completely at ease. We know that divorce can be a very stressful time. A prenuptial agreement could make the situation a bit more bearable, especially if its iron clad.
Cost And Case Management
- We understand that our clients have a number of financial obligations. Legal expenses can set you back a great deal.
- We will make every effort to work with you so that your financial burden is one you can handle.
- We are dedicated to keeping our clients happy while we handle their case.
- We have a number of payment plans available to suit your needs.
- Our law firm also uses state-of-the-art technology to keep attorneys, support staff and investigators fully apprised of your case. We will answer all of your questions anytime, day or night.
How We Will Make Your Prenuptial Work For You
If done correctly, prenuptial agreements are pretty hard to ignore in a court of law. If it is drawn up prior to your marriage, the document will be deemed valid. A prenuptial agreement is recognized across the United States and the District of Columbia. In most cases, prenuptial agreements are not overturned. We will go over every page of the agreement to ensure its validity.
Residents Of New York Need To Understand The Laws
New York is quite different than other parts of the country when it comes to prenuptial law. There are specific rules that can cause the contract to be invalidated. Our lawyers will go over New York’s Domestic Relations Law Section as it pertains to children, personal property, banks, stock and bonds.
If you want to protect your property, make sure you have a well-drafted prenuptial agreement in place. Call our skilled lawyers today and we can get you started.
Important Points in Prenuptial Agreements
Refer to the pie chart below for a visual representation of the important points in using prenuptial agreements:
Understanding Marital Agreements
Before getting married, many couples create a prenuptial agreement. States have their own regulations as to what can and can’t be included in the agreement. However, there are a few basic things that you’ll see in agreements in most states, especially in New York. If the couple separates, then the agreement will often be used to determine who keeps any finances or property so that there are no disputes about who owns what from the marriage. The agreement is often created so that each person is protected from the debts of the other. A prenup is often used to provide for children from a previous relationship so that they are tangled in the issues that might arise during the divorce. Property can also be included in the agreement so that each person involved in the marriage retains personal property instead of going through a debate as to who has legal rights. Any estate plans can also be included in the agreement.
This is an agreement similar to a prenuptial but is prepared for people who are already married instead of before a couple gets married. The agreement can also be made by those who are in a civil union. Couples can include details about finances and property in the document just as they would in a prenuptial. The agreement can also include who is to pay spousal support after a divorce or separation.
If a couple decides to take some time apart during a marriage or civil union, then a separation agreement should be completed. The date of the separation is listed in the agreement, which is beneficial if the couple decides to pursue a divorce as most states require that a couple remain separated for one year before divorcing. The agreement often includes any support that one party is to pay to the other as well as how any property is to be divided. It can also outline the visitation schedule for children. There is sometimes a good bit of negotiation involved in creating a separation agreement as one party might not want to end the marriage while another thinks that it’s the best decision. This is why it’s only a separation period instead of a divorce. It allows for time for the couple to examine the relationship and personal goals before making a final decision. The couple can enter into mediation to see if there is any possibility of salvaging the marriage before a divorce is filed.
In New York, this is sometimes known as a Marital Stipulation. It typically involves property that is to be divided after a marriage or civil union dissolves. Property rights, such as who maintains control or owns a home or vehicle, is often included in this kind of agreement. Child support obligations are also included in this agreement. Although similar to a separation agreement, this is one that is a bit more detailed. It’s often filed after the divorce has been finalized and becomes a part of the judgment. When the couple agrees on all of the terms about finances, children, and property in advance, then it’s easier to end the marriage than it would be to deal with each issue that might arise as it comes.
Benefits of Marital Documents
There are several benefits of creating any kind of marital document. One is so that each party is protected during the marriage if the union is dissolved. When you meet with an attorney or go before a judge, the documents that you have created will be evidence as to the agreements that have been made between the two of you. The court will have an easier time in deciding who gets the house, who gets the vehicles, who pays child support and how you want to arrange any kind of custody for your children. These documents will often result in spending less money during the divorce because you won’t need to continue to meet with attorneys or take time off from work as everything has already been arranged. Most New York courts will uphold any or all of these agreements that are made by couples whether they are married or not or in a civil union.