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…
Excellent commentary on prenuptial agreements. No doubt having seen plenty of divorces you are intimately familiar with how prenups may not serve their intended purpose.
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Hmm , very interesting ,never thought about having a prenup , or other legal forms translated. Does your firm offer the translation services, or would those need to be done by a 3rd party?
Very good post. You brought up lots of points that most people wouldn’t consider when doing a prenup.
Thank you. We try to do only the best legal work for our clients.
We offer both in house and third party translation services, depending on our case load…
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…
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.
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.
Thanks, useful information about prenups.
Thanks, useful info about prenups.
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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.
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!
You made good points here and I appreciate the information. This is good information for people looking to get a prenuptial agreement. Marriage can be a hassle but it sounds like you make it easy for people.
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.
Great Article. Thanks for the info. Does anyone know where I can find a blank “NY Uniform Court Divorce Packet” to fill out?
Yes, you can find the DIY forms here: https://www.nycourts.gov/divorce/divorce_withchildrenunder21.shtml
I suggest retaining an attorney though, because as the Court website states, its easy to make mistakes that could impact your rights, etc.