Prenuptial Agreements in New York

Helping You Safeguard Your Future Through a Prenup

The percentage of marriages that end in divorce continues to rise. In response, an increasing number of couples are opting for prenuptial agreements. There has been a stigma associated with this arrangement, an idea that it was a prediction that the marriage would fail. But in light of the growing incidence of divorce, many couples see it as a precautionary measure. Our NYC divorce lawyers can meet with you and your future spouse to discuss your options and help you get started.

What does a prenuptial agreement cover?

A prenuptial agreement is a contract between you and your spouse that states what would happen if the marriage ends. It is especially advisable to execute a prenuptial agreement to avoid a potential legal battle in a high net worth divorce. If you take the time to clearly define the equitable distribution of any wealth you accumulate during the marriage or assets you possessed before the marriage, the chances that you will end up in a contested divorce will be far less.

Topics that may be covered in this type of agreement include:

You may benefit from a prenuptial agreement if you make a significantly higher salary than your spouse. Many people unfortunately marry for money, but a prenuptial agreement can secure a spouse's money in the event of a divorce. You may also want to enter into a prenuptial agreement because of debt. If one spouse has a lot of debt, whether it was incurred before or during the marriage, divorce proceedings may identify both spouses responsible for the debt.

How do I ensure that my prenuptial agreement is valid?

If you and your spouse have decided to draft a prenuptial agreement, it is imperative that you involve an experienced family law attorney in New York. When executed incorrectly, a prenuptial agreement may be tossed out of court. In the event of a divorce, this could be disastrous. For this reason, we encourage you to seek guidance from the team at Eiges & Orgel, PLLC. We can see to it that this process is handled right the first time, and that your best interests are upheld.

Factors that could invalidate a prenuptial agreement:

  • The agreement is fraudulent: both parties must provide full disclosure of their assets before signing a prenuptial agreement. If one spouse intentionally undervalues their assets or fails to disclose them at all, the prenuptial agreement may be rendered invalid.
  • The agreement was signed under duress: if one party is forced to sign a prenuptial agreement under duress or coercion, the agreement could be thrown out altogether. Similarly, agreements made while one spouse is mentally incapacitated will not be upheld in court.
  • The agreement was improperly filed: as with any other contract, both parties must ensure that the paperwork is filed properly. In other words, they must “dot their i’s and cross their t’s.” If the agreement was not properly executed, it may be legally unenforceable.
  • The agreement is unconscionable: the court can choose not to uphold a prenuptial agreement if the terms are unconscionable or grossly unfair to either party. Similarly, if the agreement contains unreasonable provisions, the contract may not hold up in court either.

I’m already married – is it too late to create a prenup?

The family court system in New York recognizes two kinds of marital agreements: prenuptial agreements and postnuptial agreements. Prenuptial agreements are signed before a couple is married, whereas a postnuptial agreement would be signed after. Both serve the same purpose, so it is never too late to secure the financial protection that you may need in the event of a divorce. Discuss your options with a divorce lawyer at Eiges & Orgel, PLLC today to learn more.

Our New York City Family Law Attorneys Can Help

While you may have seen a prenuptial agreement as a cynical or selfish action, it can actually contribute to the future stability of your marriage. When there is no uncertainty about the financial relationship between you and your spouse, there can be less cause for upsets. An attorney at Eiges & Orgel, PLLC can work with you and your future partner to draft a prenuptial agreement that is tailored to your unique relationship. With our wealth of experience representing couples through divorce, we will seek to write an agreement that effectively guards you both in the event of divorce.

Contact a NYC divorce lawyer who can help you write a legally enforceable prenuptial agreement to prevent the possibility of future legal battles. Call Eiges & Orgel, PLLC today at (347) 848-1850 to get started.