manhattan Prenuptial & Postnuptial Agreements
Protecting Assets in Divorce Throughout Manhattan, Brooklyn, the Bronx, Queens, & Staten Island
Statistically, over 50 percent of marriages end in divorce. Prenuptial agreements anticipate this possibility and establish enforceable terms that decide what will happen if a couple chooses to seek a divorce. Postnuptial agreements are a type of nuptial agreement that is created after the marriage begins.
Many couples are hesitant to explore prenuptial agreements for fear of upsetting their partner. In reality, a prenuptial agreement can, in some circumstances, greatly simplify the divorce process and protect the interests of all parties. Our Manhattan prenuptial and postnuptial agreement lawyers at Roven Law Group, P.C. can prepare and review these agreements.
If you are exploring a divorce and are concerned about a prenuptial or postnuptial agreement you signed, we can also review the language of the contract to assess the potential impact and determine whether it is likely to be considered enforceable.
Signing a prenuptial or postnuptial agreement does not necessarily mean you believe your marriage will end in divorce. Discussing a prenuptial or postnuptial agreement can make for an uncomfortable conversation, but it may behoove you to explore what these agreements can accomplish for all parties.
Several factors may influence whether it makes sense to explore a prenuptial agreement prior to marriage. If you are not sure whether this tool may be right for you, our team can assess your situation and explain how these contracts may be able to provide peace of mind.
It may make sense to consider implementing a prenuptial agreement or postnuptial agreement if:
- A disparity exists between each spouse’s holdings
- Both parties wish to protect their professional careers
Ultimately, a decision involving whether to execute a prenuptial agreement or postnuptial agreement must be made. You should never feel pressured to sign a legal contract if you are not comfortable.
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A divorce can be “uncontested” or “contested.” In an uncontested divorce, the couple will mutually agree to a settlement that covers spousal support, child custody and visitation, child support, and property division. If there is disagreement over any of these elements, the couple will need to file a contested divorce. In these cases, a judge will ultimately decide these matters if the couple cannot come to an agreement.
When a prenuptial agreement or postnuptial agreement exists, the court must honor all enforceable terms. Prenuptial agreements are often used to avoid long court battles and clarify settlement terms ahead of time.
Prenuptial agreements and postnuptial agreements commonly include provisions addressing:
- Property Division. Most assets that you and/or your ex-spouse obtained throughout your marriage will be considered “marital property,” regardless of whose name is on the ownership papers. All marital property is subject to equitable distribution in a New York divorce, meaning a judge will decide how it will be equitably divided if the couple cannot agree on who gets what. A prenuptial agreement or postnuptial agreement can determine who will receive what property in the event of a divorce.
- Business Interests. If one partner has business interests, appreciations in value that take place over the course of the marriage are considered marital property. The business interests themselves may be considered marital property if they were acquired during the marriage or if the interests commingled with other marital property. Prenuptial and postnuptial agreements can establish how these interests and any appreciation will be managed in a divorce.
- Spousal Support (Maintenance). A prenuptial agreement or postnuptial agreement can create a plan for spousal support. Keep in mind that this plan must be reasonable to the spouse in order to be enforceable.
Other types of provisions can potentially be included in a prenuptial or postnuptial agreement. They must be fair, clear, and not in violation of any local, state, or federal law. However, prenuptial agreements and postnuptial agreements cannot set any terms involving child support or child custody.
If you and your partner are interested in implementing a prenuptial or postnuptial agreement in New York, our team at Roven Law Group, P.C. can help. We know how New York judges interpret and scrutinize these agreements, and our firm can draft a contract that reflects your goals and meets all legal requirements. We can also assist you if your ex-spouse is challenging an existing prenuptial agreement or postnuptial agreement.