Protecting Your Interests Through Marital Agreements
Despite earnest feelings and honest intentions at the beginning, some marriages simply do not stand the test of time. Beyond the heartache, this can create legal conflicts and financial problems when couples split up.
Prenuptial agreements and postnuptial agreements acknowledge the reality, both protecting you and streamlining the process in the unfortunate event of a future divorce. The [nap_names id=”FIRM-NAME-1″] can draft or review your New York “prenup” to enable you to proceed with the marriage knowing where you stand.
Prenuptial Agreements And Postnuptial Agreements
A prenuptial (premarital) agreement specifies how the estate will be divided if you later decide to divorce. Typically, each spouse keeps what they brought to the marriage rather than splitting the estate equally. For instance, if one spouse owned a house or a business prior to marriage, they would retain that asset. A prenuptial can also dictate whether or not a spouse is entitled to alimony, instead of having to litigate that issue. Prenuptials are prudent if one party has significantly higher wealth or to protect inheritance rights of children from a prior marriage. But anyone can benefit from a marital agreement.
A postnuptial (postmarital) agreement serves the same purpose, except the agreement is created after the couple is married. It is commonly used to protect an inheritance or proceeds of a lawsuit received during marriage, or a successful business started by one spouse.
Prenups and postnups cannot dictate who gets custody of your children or how much one parent would pay in child support. The family court has exclusive jurisdiction over those matters to safeguard the best interests of the child.
Ensuring Fairness And Enforceability
Our job is to eliminate ambiguity and anticipate potential problems so that the prenuptial agreement is honored in the event it is ever invoked. This can protect the financial interests of both parties by discouraging litigation. A prenup must fully disclose all assets and be freely entered without duress or deception.
Melanie Marmer has 30 years of experience in New York family law. To discuss a marital agreement for your specific situation, arrange a consultation at 718-403-9629 or contact us online. Our Brooklyn firm serves the New York City metro area.