Prenuptial Lawyer on Staten Island, New York
Staten Island's Most Trusted Law Firm for Prenuptial and Postnuptial Agreements
On their wedding day, most couples are not thinking about the possibility of a future separation or divorce. However, for some couples, it is wise to prepare for this possibility, no matter how remote it might be. To protect one or both parties’ assets during a future divorce or after the death of one spouse, a prenuptial or postnuptial agreement may be necessary.
Marital agreements are legal documents that are signed by couples before or after they are married. These agreements typically detail how the couple’s assets will be divided between the event of a divorce or the death of one spouse. Marital agreements include prenuptial agreements (prenups), postnuptial agreements (postnups), and antenuptial agreements.
At Soren Law Group, our Staten Island prenuptial and postnuptial agreement lawyers can help you draft a marital agreement that meets your unique needs. We have experience drafting and negotiating all types of marital agreements, including prenup, postnup, and antenuptial. Contact us today to schedule a consultation with one of our family law attorneys.
Frequently Asked Questions
What topics can be covered in a prenuptial or postnuptial agreement?
Topics that can be covered in a prenuptial or postnuptial agreement include but are not limited to the division of marital property, spousal support, and other common divorce-related issues. The conditions of the agreement must be fair and reasonable, and it must be in writing to be enforceable.
Can a prenuptial or postnuptial agreement address child custody or child support?
It is important to note that prenuptial and postnuptial agreements cannot address child custody or child support issues. These topics are typically addressed in separate agreements, such as separation agreements, parenting plans, or custody agreements. Stipulation and orders regarding child custody and child support are also subject to review by a family court judge and may be modified if the judge believes it is in the best interests of the child.
Why would someone want to sign a prenuptial or post nuptial agreement?
There are many reasons why people choose to sign prenuptial or postnuptial agreements. In some cases, the couple may want to protect their property in the event of a divorce. In other cases, the couple may want to provide for the distribution of their assets after one spouse dies. Partnerships or businesses may be at stake, or there may be children from a previous marriage to consider.
Is it a good idea to have a lawyer review my prenuptial or postnuptial agreement?
Yes, it is always a good idea to have a postnuptial attorney or prenuptial attorney review your prenuptial or postnuptial agreement. A lawyer can ensure that the contract meets all of the requirements for validity under the law and is enforceable in the state of New York. Divorce attorneys can also help you to understand the potential implications of signing a postnuptial or prenup agreement.
What are the benefits of having a prenuptial or postnuptial agreement?
Prenuptial and postnuptial agreements offer a number of benefits to couples. These contracts can help couples avoid lengthy and expensive divorce proceedings and provide certainty and peace of mind regarding the division of assets in the event of a divorce or death. Situations can change over the course of a marriage, and a prenuptial or postnuptial agreement can provide couples with the flexibility to address these changes.
Marital Agreement Process in NYC | Prenuptial Attorney You Can Trust
The husband and wife relationship is a special one that is governed by state law. In order to change how the property would be divided in the event of a divorce, you need a marital agreement. Prenuptial and postnuptial agreements are contracts between two people who are about to be married or have already married. The agreement spells out each person’s rights and obligations during the marriage and what will happen to the property if the couple divorces.
If you are considering entering into a prenuptial or postnuptial agreement, it is important to understand the process for drafting and executing these agreements in New York. In general, the process of creating marital agreements involves the following steps:
- Hire a lawyer: Both parties should have their own postnuptial or prenuptial attorneys to ensure their rights are protected during the negotiation process. A postnuptial agreement attorney or prenuptial agreement attorney can help you understand your rights and obligations under New York law.
- Determine what assets will be included in the agreement: The agreement should list all of the assets that each party is bringing into the marriage, as well as any debts or liabilities. Retirement assets, real estate, investments, and businesses should all be disclosed.
- Negotiate the terms of the agreement: Once all of the assets have been identified, the postnuptial or prenuptial lawyers will work with the couple to negotiate the terms of the agreement. From finances, property division, and asset division to spousal support, the couple will need to agree on various issues.
- Draft the agreement: The postnuptial or prenup attorneys will draft the agreement once the terms have been negotiated. The details of the agreement should be clearly stated in the document. The document must be in writing and signed by both parties in order to be legally binding.
- Execute the agreement: The agreement will not be valid unless both parties sign it. The courts also require that the agreement be notarized. It is important to note that, in order for a marital agreement to be enforceable, it must be fair to both parties at the time it is signed. It is also important to note that the agreement must be signed voluntarily and under no duress.
Prenuptial Agreements versus Postnuptial Agreements
Both prenuptial agreements and postnuptial agreements are contracts forged by a couple. However, while a prenuptial agreement is enacted before two people marry, a postnuptial agreement is made after the couple is already legally married. Likewise, both types of agreements may include provisions relating to the division of marital property, spousal support, and other common divorce-related issues.
A prenuptial agreement and postnuptial agreement may address a number of different topics, including but not limited to:
- How marital property will be divided in the event of a divorce
- Whether spousal support will be paid in the event of a divorce
- How debts and liabilities will be divided between the spouses
- What will happen to the couple’s property in the event of one spouse’s death
Marriages end for many reasons, and no one can predict the future. If you are considering entering a marital agreement, consulting with an experienced family lawyer is important to ensure your rights are protected. Soren Law Group has four family law attorneys who can help you understand your options and make sure that your best interests are represented in any agreement.
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About Prenuptial Agreements
Premarital agreements, also known as prenuptial agreements” or “antenuptial agreements, “are most commonly drafted by people who either have significant assets prior to the marriage or have been married in the past. The purpose of this type of contract is to protect one or both spouses’ property or welfare in case of a divorce. In some cases, prenuptial agreements may also be used to protect children’s property from previous relationships. Wealth, money, and assets are not the only things that can be protected in a prenuptial agreement. Prenuptial agreements may also address spousal support, known as “alimony” or “spousal maintenance” in some states, and other important topics.
A prenuptial lawyer can help you understand your state’s laws on prenuptial agreements and ensure that your agreement is valid and enforceable. They can also help you understand the implications of signing a prenuptial agreement and make sure that you are entering into the agreement willingly and without duress.
About Postnuptial Agreements
Postnuptial agreements are often created for one of several reasons after a marriage has occurred. In some cases, the couple decides to separate but does not want to go through the trouble of divorcing. Instead, they draft a postnuptial agreement in order to divide their assets legally. In other cases, the couple initially decided against a pre-nuptial agreement but later decided they wanted to protect their property from a possible divorce. Finally, some postnuptial agreements provide for the distribution of property after one spouse dies. Individuals with children from previous relationships often use postnuptial agreements to protect their children’s inheritance.
A postnuptial lawyer can help determine if a postnuptial agreement is right for your situation. If you and your spouse are considering drafting a postnuptial agreement, contact a postnuptial lawyer today to discuss your options.
Marital Agreement Lawyers on Staten Island, NY
If you are interested in executing a prenuptial or postnuptial agreement, it’s wise to talk to an attorney with experience in this practice area. The laws can be confusing, but an attorney can ensure that your agreement meets all of the requirements for validity under the law and is enforceable in the state of New York. Having legal representation can also help you avoid potential conflict with your spouse later on when a need for divorce arises.
The skilled Staten Island Nuptial Attorneys of Soren Law Group understand all of the nuances of this practice area, and we can help you ensure that the contract you sign accurately represents your interests. Contact our law office today to discuss your needs, learn more about these contracts or schedule a consultation with our team. We look forward to your call!
