Before marriage, couples can enter into an agreement that specifies the financial obligations of each spouse during the marriage, as well as the division of property and the division of income in the event of divorce. The two future spouses can get together to determine how they will handle debts, assets, income and financial problems. The agreement resulting from this process comes into force on the couple`s marriage. Ultimately, the most important thing that lawyer Shapiro reminds his clients when it comes to divorce and marriage contracts is that clarity is crucial. Drafting a marriage contract is an important process and something that all spouses should take seriously. Although spouses have the option of retaining the services of their own lawyer when drafting an agreement, many couples may also use the services of a divorce mediator. A divorce mediator has a lot of hands-on experience when it comes to dealing with divorce cases in New York City, and they also know what problems often lead to failed marriages and what pitfalls each couple may try to avoid as they move forward together. Although New York law already determines how property is to be divided in the event that a marriage ends in divorce or death, the courts recognize a valid marriage contract that may differ from the division of property in New York law. The marriage contract takes control of your property and property away from the state and puts it in the hands of you and your spouse. If you and your partner are considering a marriage or post-marriage contract, or need advice on whether a contract is right for you, the experienced lawyers at Berkman Bottger Newman & Schein LLP have decades of experience representing the people of New York and the surrounding suburbs. Contact us today to make an appointment for a consultation. Prenuptial agreements can be as unique as the couple who creates them.
However, each rock-solid prenup has a few things in common. Below are some important points to consider when reviewing your Manhattan Prenuptial Agreement. If you are considering a prenuptial agreement, you and your spouse should be completely honest and open when disclosing your assets and debts. Your marriage contract attorney in New York can provide you with experienced advice. While New York`s standard divorce rules work well for many parties, they don`t always lead to the right results for some couples. This is one of the reasons why prenuptial agreements are such a good idea. Unfortunately, the concept of a marriage contract has received a negative connotation over the years. Many people have begun to believe that when a spouse applies for a marriage contract, they do not trust the other person or expect the marriage to fail. However, the truth is that a marriage contract is about giving both people in a marriage the peace of mind and clarity they need at the end of their relationship. A prenuptial agreement is valid and can be enforced as long as it protects you and your spouse and has been entered into with full and fair disclosure of all assets of you and your spouse. The agreement must also be signed and confirmed with all the formalities required to register a title deed.
Under the guidance of experienced family law lawyers, you can ensure that your prenuptial arrangement protects you and your loved ones in the event of an unfortunate separation. If you are currently engaged to being married and think it might be a good idea to draft a prenuptial agreement with the help of a mediator or family law lawyer like Attorney Shapiro, contact Darren M. Shapiro`s office today. This family law professional has years of experience in providing exceptional experiences for couples in New York and Long Island. Mediator couples should schedule their consultation together at (516) 333-6555. Any disadvantage or disagreement you have about your prenup can usually be negotiated for a mutually beneficial outcome. Considering possible pitfalls at first can help avoid conflicts in the future. Over the past decade, prenuptial agreements (also known as prenupial arrangements or prenups) have become increasingly common among engaged couples, losing some of the negative stigma they previously carried. Prenups can be a valuable and important tool in the event of divorce, but they must be carefully and fairly created and negotiated.
Keep in mind that prenupial agreements can solve many problems, but custody of children – whether or not the child was before your marriage – cannot be determined by a prenup. The specific circumstances and needs of the child must and will be taken into account by the family court at the time of divorce. While invalidation of prenuptial agreements is the exception rather than the rule, Bikel & Schanfield`s guidance can guide you through the complicated process of deciding if and when to challenge a prenup or how to respond if your prenup is challenged. Be aware that most of these issues – fraud, coercion, lack of scruples – are examined on a case-by-case basis and that “the case law seems to say that no single factor justifies the cancellation of a prenup”, but that “the existence of many factors may justify the invalidity of a [prenup]”. A.N.c. E.N, 2012 N.Y. Slip Op. 51839. While prenuptial agreements are considered enforceable, you or your spouse may question the validity of a prenuptial agreement for a number of reasons, including: While a prenuptial agreement can be particularly appealing to couples who want to take matters into their own hands, it`s worth knowing the impact of this important agreement on a possible divorce. For complex legal considerations on complex financial situations, you need to draw on Bikel & Schanfield`s decades of experience. The number of engaged couples seeking prenuptial agreements has slowly increased nationwide, especially among millennials — a 62 percent increase in recent years, according to the American Academy of Matrimonial Lawyers.
Because marriages take place later in life, romantic partners may have more assets to consider before tying the knot, and a prenuptial agreement can provide the necessary security and clarity regarding those assets. .
