New York Prenuptial Agreements: What to Do and Not to Do…

If you are considering getting a pre-nuptial agreement, a.k.a. a “prenup,” there are some things you should know…

I get phone calls almost daily (usually from the person who stands to lose money if they get divorced) who say that they want a prenuptial agreement where their fiance or spouse is entitled to nothing in the case of divorce.

The problem is that these types of pre-nuptial agreements often will not withstand a challenge in the future because they are not equitable (meaning fair) in the eyes of the law.  It’s not smart to enter into a prenup that is one-sided.  This just makes it vulnerable to failure in the future.

When drafting a prenuptial agreement, our law firm ensures that the we advise our clients how they are most likely going to create a legally binding prenup that will withstand any potential challenges by their soon-to-be-spouses in case of divorce.

Another important aspect of prenups arises regarding whether your fiance needs to be represented by an attorney during the prenuptial agreement negotiations.  I tell clients that its always better if their fiance is represented by opposing counsel.  We obviously cannot represent both parties.  This is just another added layer of protection in the case of a future challenge.

Lastly, if your fiance does not speak English or doesn’t speak English well, I would advise that you have your prenuptial agreement translated into his or her native language to ensure that they fully understand the terms of the prenuptial agreement they are signing.  If they later challenge the prenup, claiming they didn’t understand what they were signing, your prenuptial agreement is more vulnerable to being ignored.

Our law office offers free consultations regarding pre-nuptial agreements. Call (866) 830-2064 to schedule your free prenuptial agreement consultation today…

20 replies
  1. David Centeno
    David Centeno says:

    True. Its a shame when a prenup fails because of poor legal representation. It also open up attorneys to malpractice claims. We have never had such a claim filed against us…

  2. Zeus
    Zeus says:

    The concept of prenups is a bit depressing and having separate representation for them is even more so, but it is just a fact of life in today’s world and can lead to less problems later.

  3. David Centeno
    David Centeno says:

    What’s depressing about protecting your assets with the divorce rate being so high? It is unfortunate that the divorce rate is where it is, but its just today’s reality.

  4. Francis %9
    Francis %9 says:

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  5. Jeff
    Jeff says:

    Mostly all relationship experts would tell you that living together and physical relationship before marriage takes away the whole craze of getting marriage. Everything has its right- time.

  6. Modern Rugs
    Modern Rugs says:

    yes…but i work for a divorce atty in my state and have heard many times that these more often than not aren’t upheld, at least in FLA. dont know about other states…anyway, i would!

  7. claire@event management companies
    claire@event management companies says:

    I don’t really see the point in prenups if they’re not rock solid. It’s just another thinig for people to argue about when they don’t like each other anymore. I like the your point about equity though, if it’s not equitable a judge will almost certainly make it so.

  8. Sherice Cuadra
    Sherice Cuadra says:

    Great Article. Thanks for the info. Does anyone know where I can find a blank “NY Uniform Court Divorce Packet” to fill out?

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