Prenuptial Agreement Lawyer

Why Do I Need A Prenuptial Agreement Lawyer?

 

Prenuptial agreements serve as a contract between two people entering into a marriage. The document is legally binding and ensures both spouses understand the assets each brings to the marriage and how those assets will be divided should the marriage not last. Prenuptial agreements also explain the rights and obligations each spouse has during the marriage. Valid Prenuptial agreements in New York can override the standard laws regarding distribution of assets in a divorce. These choices will generally be enforced and upheld in a future divorce so long as the Prenuptial agreement is valid and protects both spouses, was entered into with full and fair disclosure of the parties’ assets, and was executed properly. Fairness under the circumstances is a key consideration and factor in the enforcement of the Prenuptial agreement. Enlisting the support of a prenuptial agreement lawyer is a wise decision when tackling the crucial task of prenup agreement creation.

Common Issues Addressed By A Prenuptial Agreement

 

  • Separate property: Prenuptial agreements should specify which property is separate; the spouse who owns the separate property should ensure the property remains separate. Separate property could still be deemed marital property and distributed equitably during the divorce, even with a Prenuptial agreement. For instance, if you own a home prior to marriage and choose to add your spouse’s name to the title of the home, it could then be deemed marital property. Changing title to a separate property asset could affect its legal character and could make it subject to distribution in a divorce.
  • Marital property: It’s possible to list certain items as marital property in a Prenuptial agreement, even if it would otherwise be considered separate property.
  • Maintenance: A Prenuptial agreement can be used to establish maintenance payments during the marriage or in the even the marriage ends.
  • Child support: Prenuptial agreements can be used to establish and protect one spouse’s child support or inheritance, and to ensure a new spouse does not take ownership of anything intended for a child born prior to the marriage. Prenuptial agreements are not sufficient for addressing support and custody issues for unborn children, and the court system is legally required to determine if custody and support arrangements are in the best interest of a child at the time of divorce.
  • Debt: A Prenuptial agreement allows each spouse to create an agreement concerning debt one spouse brings to the marriage.

Common Issues Addressed By A Prenuptial Agreement

 

  • Separate property: Prenuptial agreements should specify which property is separate; the spouse who owns the separate property should ensure the property remains separate. Separate property could still be deemed marital property and distributed equitably during the divorce, even with a Prenuptial agreement. For instance, if you own a home prior to marriage and choose to add your spouse’s name to the title of the home, it could then be deemed marital property. Changing title to a separate property asset could affect its legal character and could make it subject to distribution in a divorce.
  • Marital property: It’s possible to list certain items as marital property in a Prenuptial agreement, even if it would otherwise be considered separate property.
  • Maintenance: A Prenuptial agreement can be used to establish maintenance payments during the marriage or in the even the marriage ends.
  • Child support: Prenuptial agreements can be used to establish and protect one spouse’s child support or inheritance, and to ensure a new spouse does not take ownership of anything intended for a child born prior to the marriage. Prenuptial agreements are not sufficient for addressing support and custody issues for unborn children, and the court system is legally required to determine if custody and support arrangements are in the best interest of a child at the time of divorce.
  • Debt: A Prenuptial agreement allows each spouse to create an agreement concerning debt one spouse brings to the marriage.

How Do Prenuptial Agreements Work?

 

Prenuptial agreements can be a valuable tool for protecting the interests of both spouses entering into a marriage. They can be used to protect business interests, family interests and inheritance rights of the parties and their dependents. Prenuptial agreements can be especially useful in Second Marriages or Same-Sex Marriages. A properly prepared and executed Prenuptial agreement can also save a divorcing/separating couple thousands of dollars in legal fees because of the manner in which the agreement resolves disputes and the issues typically raised in a divorce.

Data shows Prenuptial agreements have been on the rise. Experts believe that’s due in part to the children of Baby Boomers – a generation that saw a spike in divorce rates – marrying and starting families. Asking a future spouse to sign a Prenuptial agreement in this day and age might not be perceived as offensive as it once was.

They aren’t right for everyone, though. Some see Prenuptial agreements as an acknowledgement that a marriage is not going to last, even before the couple marries. Prenuptial agreements might also need to be changed or updated as life circumstances change. Finally, it’s important to realize that Prenuptial agreements can be called into question and they could ultimately be subject to a judge’s opinion to determine their validity.

One way to reduce the risk of a Prenuptial agreement being questioned is to work with an experienced prenuptial agreement lawyer when drafting the document. If you have questions about Prenuptial agreements or you need assistance creating one for your marriage, contact the Law Offices of Elan Wurtzel by calling 516.822.7866 or by filling out the contact form below.

Elan Wurtzel

Attorney At Law

527 Old Country Rd.
Plainview, New York 11803

Phone: 516-822-7866
Fax: 516-822-7889

Quality representation you need... Respect, compassion, and attention you deserve.

 

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