While no one wants to consider the event of making good on a prenuptial agreement someday down the road, hiring a Manhattan prenuptial attorney to help you arrange one of these legal agreements may be one of the best ways to protect your assets and retain your personal sovereignty. A prenuptial agreement, also called an antenuptial agreement, is a written contract entered into by you and your future spouse. Both you and your partner disclose all of the money and property in your possession and arrange for how these assets will be cared for during the marriage. Most importantly, an experienced Manhattan prenuptial attorney can also help you and your future spouse navigate the critical process of deciding how your joint assets will be divided up in the event of divorce or the death of one of the partners.
Why Should You Get a Prenuptial Agreement?
While New York State already has laws in place to handle the division of property in case of divorce or the death of your spouse, judges will uphold a properly filed prenuptial agreement in lieu of the state laws. While Manhattan prenuptial attorneys are usually hired by the wealthier party before marriage, protecting personal wealth isn’t the only reason it may be wise to enter into a prenuptial agreement.
If you have any amount of inheritance set aside for your child or children, a prenuptial agreement can assure that this inheritance isn’t included in the general divorce proceedings. Or, if you have a family home or furniture that has emotional meaning, this may also be one of the items you consider discussing with a prenuptial attorney. And, of course, if you do have a large amount of personal wealth, it can make sense to protect it with a prenuptial agreement for tax purposes and to protect yourself against future separation from your spouse.
What Does a Prenuptial Agreement Consist Of?
An antenuptial agreement can essentially consist of any relevant points that a couple agrees upon, but some of the most common issues clarified with a prenup include each spouse’s right to property both individually and jointly owned during the marriage and in the event of divorce or death and the distribution of other assets and debts. A prenuptial agreement also covers each spouse’s right to manage and sell property owned by either partner and the ability of each partner to make family business decisions.
A proper prenuptial agreement written up by Manhattan prenuptial attorneys will also take into account the New York State laws that affect the contract and each spouse’s right to benefits accrued from the other partner’s life insurance policy. This agreement will also thoroughly cover the topic of alimony, including the exact amount of alimony is to be awarded for what duration of time. A prenuptial agreement can also cover a number of other topics that either partner finds pertinent and can have some bearing on custody battles down the road, though a New York judge will only use a prenuptial agreement as a piece of evidence in a custody case and will make their decision in light of a number of other factors as well.
Setting up a Prenup the Right Way
Getting set up with a prenuptial agreement may end up being one of the wiser choices you ever make, but the specifics of developing this sort of legal contract can be tricky and are greatly simplified by contracting the services of Manhattan prenuptial attorneys. While establishing the validity of a prenuptial agreement made in New York technically only requires that the document be signed in the presence of a notary public, it’s important that you and your spouse work with separate attorneys in order to avoid suspicion in court.
Prenuptial agreements are only held up in New York courts if they are properly put in writing and notarized, neither party is under was under 18 or mentally incompetent at the time of signing, and neither spouse was deceived or treated with severe unfairness by the points in the agreement. Also, if in disclosing their assets either future spouse misrepresents their financial situation the resulting prenuptial agreement is likely to be overturned.
For all these reasons and more, it simply makes sense to work with a qualified prenuptial attorney in Manhattan when drafting this complicated agreement. Prenuptial attorneys are well-versed in every aspect of the process and you can vastly increase the likelihood of your antenuptial agreement being held up in court by taking advantage of their expertise.
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