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
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.