Prenuptial and Postnuptial Agreements
Brooklyn Divorce Lawyer
While marital contracts are scrutinized by many, they are a vital necessity in this ever changing world. The good news is that as of February 2017, divorce filings in New York City are down by Eight Percent (8%), however overall divorce rate in the United States still lingers around 40%.
To protect yourself and to save yourself from lengthy litigation, as well as establish your rights without spending thousands of dollars in the long run, it is better to sign a prenuptial agreement or after marriage a post-nuptial agreement.
In order for a prenuptial or post-nuptial agreement to be valid, there are conditions that must be met. The agreement must be made in writing; oral agreements are not enforceable. Both parties have to agree to the terms of the contract. Additionally, the terms of the agreement must be fair.
Many courts will enforce a prenup or post-nup without an attorney. However, if you are interested in making a prenup or post-nuptial agreement, it is a good idea to hire an attorney.
A Brooklyn divorce lawyer can help you come up with an agreement that is fair for both you and your spouse. They can also help you understand how the state laws will affect the terms of your agreement. Furthermore, it is important for both parties to get independent legal advice. An attorney will not take sides. They can help you come up with agreements that would benefit both yourself and your spouse.
Keep in mind that a prenup must be made prior to the marriage. Any agreements that are made after the marriage are considered post-nuptial agreements.
There is nothing taboo about marriage contracts because fundamentally, marriage in New York State is an economic partnership. Therefore, just like any partnership, both parties should determine their rights and obligations beforehand.