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New York Prenup Lawyers

March 21, 2024 Uncategorized

New York Prenup Lawyers – A Helpful Guide

Prenuptial agreements, commonly known as prenups, are legal contracts created to specify what happens to a couple’s individual and joint assets if they divorce. More and more couples today are using prenups to protect their financial interests before saying “I do.” If you live in New York and are considering a prenup, this guide will help you understand how they work and how to find the right lawyer.

Why Do People Get Prenups in New York?

There are several common reasons New York couples choose to create prenups:

  • One partner is bringing substantially more assets into the marriage
  • One or both partners have children from a previous relationship
  • The couple has family businesses, investments, or inherited wealth to protect
  • They want to keep certain individual property like real estate or family heirlooms separate
  • They’ve been married before and want to avoid disputes if they divorce again

Prenups allow you to determine in advance how to equitably divide your property if you split up down the road.

Are Prenups Legally Binding in New York?

Yes, prenuptial agreements are legally enforceable in New York State, provided they adhere to certain requirements:

  • The agreement must be in writing and signed by both spouses
  • Each spouse must make full financial disclosure to the other
  • Each spouse should consult their own lawyer before signing
  • Terms must be fair and reasonable for both parties

An experienced New York prenup lawyer will ensure your agreement complies with all legal criteria to withstand a challenge if you divorce.

What Can Be Included in a New York Prenup?

Prenups often deal with:

  • Asset division – How property like investments, real estate, businesses, retirement accounts, etc. will be divided
  • Spousal support – If one spouse will pay alimony to the other, how much and for how long
  • Inheritances and gifts – If these will remain separate property
  • Debts – Who is responsible for individual and joint debts
  • Life insurance – If one spouse will carry a policy benefiting the other
  • Children’s issues – Custody, visitation, child support if relevant

A skilled New York prenup attorney can help customize terms to fit your unique situation.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

How Much Does a Prenup Lawyer Cost in New York?

On average, expect to pay $2,000-$4,000 for an experienced prenup lawyer in New York. However, costs vary based on factors like:

  • The complexity of assets involved
  • How much negotiation is needed between spouses
  • Whether other documents like wills need drafting
  • The experience and reputation of the lawyer

It’s wise for each spouse to have a lawyer review the prenup, which doubles the legal fees but provides protection.

How to Find the Best Prenup Lawyer in New York

Look for a New York prenup lawyer who:

  • Focuses exclusively on family law
  • Has extensive prenup experience specifically
  • Is respected by peers and judges
  • Makes you comfortable and listens to your needs
  • Explains legal issues in plain English
  • Is affordable and upfront about fees

Ask friends or your existing lawyer for referrals. Research prenup lawyers online and meet with a few before deciding.

When Should You Get a Prenup in New York?

Ideally, you should sign a prenup at least 30 days before your wedding. This allows time for negotiation and avoids duress claims. Some additional tips:

  • Consider a prenup if engagement lasts less than a year – More time allows for better financial disclosure.
  • Revisit after 5-10 years – You can revise the terms or write a postnup if circumstances change.
  • Update after major life events – Inheritance, having kids, big increase in assets.
  • Build in sunset clauses – Provisions that expire after a certain time period.

A good New York prenup lawyer will advise you on the best timing for your situation.

What Happens If You Don’t Get a Prenup in New York?

With no prenup, New York law determines how marital assets are divided if you divorce. The court looks at:

  • Length of marriage
  • Each spouse’s income and ability to earn
  • Contributions to the marriage
  • Custody arrangements for kids
  • Each spouse’s expenses and debts

The court will aim for an equitable but not necessarily equal split. A prenup allows you to control division on your terms.

Can a New York Prenup Help If You Divorce?

Yes, a properly drafted prenup can make divorce faster, simpler, and less costly by:

  • Avoiding fights over property division
  • Setting clear spousal support terms
  • Keeping inheritances/gifts separate
  • Clarifying financial rights and responsibilities
  • Allowing for private mediation vs. litigation

Talk to a New York divorce lawyer about enforcing your prenup.

Common Prenup Myths

Some common misconceptions about prenups include:

  • Myth: Only the wealthy need prenups. Fact: Middle-class couples can benefit too.
  • Myth: Prenups are not romantic. Fact: Protecting each other’s interests can be loving.
  • Myth: Prenups get “thrown out” in court. Fact: They are legally binding if done properly.
  • Myth: Prenups are only for those marrying again. Fact: First-time marriages can use them too.
  • Myth: Women need prenups more than men. Fact: They protect either spouse.

A knowledgeable New York prenup lawyer can explain the truth about prenups.

How to Make a Prenup Stronger

Some tips from New York prenup lawyers on making your agreement ironclad:

  • Disclose all assets/liabilities and attach financial statements
  • Make sure both spouses’ needs are addressed
  • Include terms for what happens if one spouse dies
  • Explain each provision simply and clearly
  • Note any disputes or changes in writing
  • Make the agreement long enough to withstand scrutiny
  • Stick to legal language without emotional phrases

An experienced lawyer prepares prenups to comply with all legal requirements.

Mistakes to Avoid With New York Prenups

Some common pitfalls include:

  • Not allowing enough time before the wedding
  • Trying to DIY without lawyers
  • Failing to fully disclose assets and debts
  • Not reviewing regularly as circumstances change
  • Using complicated language that leaves room for dispute
  • Including unreasonable or overly restrictive terms
  • Letting emotions or anger drive negotiations

A top New York prenup lawyer helps you avoid these mistakes upfront.

Alternatives to Prenups

If a prenup isn’t right for you, some alternatives to consider include:

  • Postnuptial agreement – Similar to prenup but signed after marriage
  • Cohabitation agreement – Outlines rights of unmarried couples living together
  • Will – Specifies who inherits your assets if you die
  • Trust – Transfers control of assets to designated trustee
  • Life insurance – Provides money to spouse at your death

A family law attorney can explain these options.

Questions for a New York Prenup Lawyer

Key questions to ask a potential prenup lawyer include:

  • How many prenups have you handled, and what was the outcome?
  • Will you represent me individually or my fiancé and I jointly?
  • What is your approach to making a prenup enforceable?
  • What will your total fees be and what does that include?
  • How long will the process take from start to finish?

Choose a lawyer who responds confidently and clearly. Avoid lawyers who seem vague or unsure.

Finding the Right New York Prenup Lawyer for You

A prenup allows you to protect assets and interests in case of divorce down the road. Take time to research and find an ethical, experienced New York lawyer you connect with. With a solid prenup in place, you can enter marriage with less financial fear.

References

[1] Prenuptial Agreements in New York: What You Need to Know

[2] New York City Divorce Lawyers | Matrimonial Attorneys

[3] How Much Does a Prenuptial Agreement Cost in New York?

[4] 6 Mistakes to Avoid When Creating a Prenuptial Agreement

[5] Prenuptial Agreement Myths in New York

 

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