Manhattan Prenup Lawyer
Those considering a prenuptial agreement need an experienced attorney who understands all the complexities that go into drafting this type of contract and doing it in a way that will stand up to judicial review in the event of a divorce. At Guilford Law Group, PLLC, our Manhattan prenup lawyer will provide the kind of attentive service that’s necessary to draft a comprehensive agreement.
We work with people throughout all five boroughs of New York City, and extending throughout Rockland County and Westchester County. Our bilingual firm can serve clients in both English and Spanish. Call Guilford Law Group, PLLC at (646) 783-0074 or reach out here online to set up a consultation.
What’s Covered in a New York Prenuptial Agreement
The general rule is that a prenup can include most of what would be covered in a settlement that is worked out after a divorce. The only difference is that the prenuptial agreement is done up front, prior to the marriage. The types of issues a Manhattan prenup attorney can address include the following:
Defining Property: The first part of a property division settlement is deciding what assets are owned separately and which are owned jointly. In theory, this should be easy enough—the demarcation point is whether the asset was owned before or after the wedding date. But in practice, complex assets have value that can increase or decrease based on actions taken after the marriage. Examples include house, a business, or an investment portfolio. A prenuptial agreement might be drafted to define who owns what.
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Distributing Property: The property that is considered marital—owned jointly by the couple and acquired after the wedding date, is subject to New York law on equitable distribution. In legal terms, equitable is not the same as equal. The latter suggests a 50/50 split, while the former is simply an intangible way saying the agreement must be fair. What’s fair is, of course, a subjective decision and can be the subject of considerable dispute in a divorce settlement. In a prenuptial agreement, those decisions are made up in advance.
Enforcing a Prenuptial Agreement in New York
A prenup can be enforced, so long as it meets very basic criteria. It must be entered into voluntarily, free of pressure, by both parties. It must also be fair. The state of New York wants couples to resolve their own divorce settlements as much as possible, but those settlements must stay within reasonable guidelines of fairness. If the terms of a prenuptial agreement are deemed to be grossly unfair, a judge can invalidate the contract on that basis alone. Spouses are advised to have separate lawyers in drafting the prenuptial agreement, as a way of safeguarding against this.
All contracts can be invalidated because of fraud, and a prenup is no different. If decisions on the property division are made without full disclosure of assets, the victimized party can seek to have the agreement thrown out.
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All contracts can be invalidated because of fraud, and a prenup is no different. If decisions on the property division are made without full disclosure of assets, the victimized party can seek to have the agreement thrown out.
The issues that come up in divorce are rarely easy for anyone to deal with, but they are often vital to shaping a spouse’s post-divorce future. They need to know that their attorney understands the law, understands the process, has a real fighting spirit, and a empathetic heart. That’s the kind of lawyer they will find at Guilford Law Group, PLLC. Call our Manhattan office today at (646) 783-0074 or contact us online to set up a consultation.
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