Prenuptial Agreements in New York

NY Litigation Attorney

In today's day and age, prenuptial agreements, once thought of as only for the very rich, have become a much more commonplace method of preserving one's assets and maintaining your income in the unfortunate event of a divorce. Certainly, a prenuptial agreement might well accomplish certain goals if you fall into one of the following categories:

  • If you want to protect your assets that you would not want torn asunder or left to a judge to divide
  • You have a business that you would not want "raked over the coals" of a turbulent divorce litigation
  • If you have a large salary that you would not want to be ripped "limb from limb" by an angry soon-to-be ex-spouse
  • Knowing that you will be receiving an inheritance in the future
  • If either of you have elderly loved ones that you will need to take care of in the future, such as parents
  • You or your spouse has children or grandchildren from another marriage
  • If one of you is going to be paying for the other to finish their college education
  • One spouse makes a significant amount more than the other

These are not the only situations warranting a prenuptial agreement in New York, but they are common instances that can warrant signing an agreement to help protect what is rightfully yours. It is always a wise idea to consult first with a lawyer before you come to a final decision, as they may be able to shed light on an issue you did not previously realize could come up in a potential divorce.

How do you go about creating a prenup?

For most couples who wish to create a prenup, their first concern might be how to even bring up the subject in the first place. It can be an awkward conversation to start, and quite unromantic especially right before getting married; however, it can be extremely beneficial if the future does not play out as planned. First of all, you should discuss the idea of prenuptial agreement as early on as possible. You should be very open about why you think it is a good thing to figure out and be honest from the start. Speak your concerns and hear out your future spouse's thoughts as well, this way neither party feels ousted.

Secondly, discuss the assets you both currently possess and what is important to both of you. You should do this before you obtain a family law attorney. It is highly recommended that both you and your future spouse hire separate lawyers to help make certain the agreement is enforceable later on. Together both of your attorneys will write up the prenuptial agreement, making sure that both of your individual best interests are considered. Both parties have to be completely upfront about their assets while this is being drafted, or else a judge can throw it out as invalid.

In addition, the agreement should generally be fair meaning that neither spouse is being given extra special treatment or being taken advantage of with the prenup. Lastly, make absolute certain that the agreement has been drafted up professionally and according to legal standards. Having it scribbled on a notepad is not good enough and could end up costing you later on. Hiring a knowledgeable and experienced New York family law attorney can only make this process smoother and easier for both parties involved.

Why have a prenuptial agreement?

Essentially, these written agreements are a way to help with the heartache associated with divorce. No couple every imagines that their marriage may come to an end; however, if it does there is typically a great amount of emotional turmoil associated with this realization. Having a proper prenuptial agreement in place can save you countless hours battling over issues in divorce court. Ultimately in can help preserve your assets and avoid leaving their fate up to a judge, who will determine the future of your finances. With so many loopholes and complicated laws associated with divorce, any preparation you have done in advance will help.

Confident and Reliable New York Legal Firm

While not just for the wealthy, but certainly not for everyone, if a prenuptial agreement has some appeal to you contact the Law Office of Steven R. Sutton today. Founded in 1982, Attorney Sutton has expertise in handling these issues and can assist you in achieving greater stability and foreseeability if your marriage should prove not to be lasting. Contact a New York City family law lawyer from our firm for more information. With over 75 years of combined experience, we are prepared to help you with your legal matter. Call (212) 577-9320 today!