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Brooklyn prenup agreement lawyers2 Nov 2017

A prenup, or prenuptial agreement, is a legally binding contract that is created before marriage. Prenups usually list the property and debts that belong to each person and specify each person’s property rights in the case of divorce. Creating a prenup agreement offers many benefits and not just for the wealthy. These agreements can be used to clarify finances, avoid problems during a divorce, get protection from a spouse’s debts, or pass property to children from a prior marriage.

Brooklyn prenup agreement lawyers can help you draft a prenuptial agreement that is legally binding and clear. In the case of a divorce, this prenup will likely be scrutinized by the court and must be fair while meeting state requirements.

Why Is a Prenup Important?
Most couples can benefit from a premarital agreement, not just those with significant assets. There are many specific reasons couples choose to draft a prenup with the help of Brooklyn prenup agreement lawyers:

  • Pass property to children from a prior marriage. A couple with children from prior marriages can use a prenup agreement to specify what happens to their separate property when they die. This ensures their children receive their separate property. Otherwise, a surviving spouse may have the right to most of the other spouse’s property and this may leave much less for the children.
  • Protection from debt. A prenup can protect spouses from the other spouse’s debts. Without a prenup, creditors may turn to marital property to satisfy the debts on one spouse.
  • Clarify financial rights. An important benefit of a prenuptial agreement is the ability to clarify financial rights and responsibilities during the marriage and in the event of divorce. This benefit can be enjoyed by couples with or without children, regardless of wealth.
  • Avoid a drawn-out divorce. Divorce can become very heated and a contested divorce can drag on for years. The best time to make determinations about support, debt, and money is while the couple is still happy. A prenup can specify in advance how property will be divided.

Prenup Requirements in Brooklyn
Every state has its own rules regarding prenuptial agreements. In New York, a prenup is made before marriage and goes into effect as soon as the couple gets married. The agreement must be in writing and both spouses must sign before a notary.

New York is one of just a few states that have not adopted the Uniform Prenuptial Agreement Act. New York law sets forth all requirements for a prenup with basic contract rules that apply. Prenups that meet the above requirements are presumed valid unless one spouse can prove any of the following:

  • The agreement defrauded one spouse
  • The agreement was severely unfair to one spouse when signed
  • One spouse was under 18 or not mentally competent when signed
  • One spouse signed under duress
  • The agreement wasn’t signed until after the marriage
  • One spouse chose to disclose their assets and misrepresented their financial condition

While a Brooklyn prenuptial agreement can resolve certain issues regarding the care, support, and education of children, it cannot resolve child support and custody. A New York judge will make the final decision on these matters. The terms of the prenup will be considered and enforced only if they serve the needs of the child.

How Prenup Agreement Lawyers Can Help
The laws governing prenup agreements in New York are complicated. While the courts typically uphold prenups, there are many cases in which they will overturn all or part of the agreement. This is more likely to happen when the agreement is unfair or fails to follow New York guidelines. If you do not want to invest the time and effort to learn the complex laws governing prenups in New York, it’s best to work with experienced Brooklyn prenup agreement lawyers for help.

Remember that prenup agreements still receive scrutiny by the courts. Depending on the details of your prenup and the finanial health of each spouse, a prenup may even receive very close scrutiny. For an agreement that passes any test in court, it’s a good idea to have independent prenup agreement lawyers — one representing each spouse. This is not required by law, but it ensures that each spouse receives independent advice to make decisions in their best interest.

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