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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

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The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

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Staten Island Prenuptial Lawyer

By Spodek Law Group | April 6, 2023
(Last Updated On: October 10, 2023)

Last Updated on: 10th October 2023, 10:14 pm

Staten Island Prenuptial Lawyers: What You Need to Know

Getting married is an exciting time, but it’s also smart to protect yourself legally and financially in case things don’t work out down the road. That’s where prenuptial agreements come in. If you’re getting married and live on Staten Island, here’s what you need to know about prenups and how an experienced Staten Island prenuptial lawyer can help.

What is a Prenup?

A prenuptial agreement, also known as a premarital agreement or prenup, is a written contract created by two people before they get married. It details how assets and debts will be divided if the marriage ends by divorce or death.Prenups often lay out:

  • How property and money will be divided
  • Who gets the house or other real estate
  • Who will inherit separate assets or family property
  • Who pays which debts
  • Whether one person will provide spousal support (alimony)

The prenup becomes effective only if the marriage ends. It has no effect if the marriage continues happily ever after.

Why Get a Prenup in Staten Island?

There are a few key reasons why more and more Staten Island couples are getting prenups today:

  • You have assets to protect. If you have real estate, retirement accounts, family property, a business, etc. you want to keep separate, a prenup ensures it stays in your control.
  • You have debts. If you owe student loans or other debts you incurred before marriage, a prenup keeps your spouse from inheriting those burdens.
  • You’ve been married before. For second marriages, especially when there are kids involved, a prenup helps clarify financial obligations to previous spouses and children.
  • You earn very different incomes. If one spouse earns significantly more than the other, a prenup can protect the higher earner from an unfair division of assets.
  • You want to stay out of court. Prenups help avoid nasty fights if divorce happens. Issues are settled upfront legally instead of through lengthy court battles.

Finding a Prenup Attorney on Staten Island

Hiring an experienced Staten Island prenuptial agreement lawyer is crucial for getting a solid agreement that holds up in court. Here’s how to find the right one:

  • Ask people you know for referrals. Friends, family, coworkers or your wedding planner may have suggestions.
  • Search online directories and reviews. Avvo, Google Reviews, Yelp and other sites have user reviews for prenup lawyers on Staten Island.
  • Look for expertise. Find an attorney who focuses specifically on family law and prenups, not one who dabbles. Check credentials.
  • Meet with them. Schedule consultations with a few lawyers before deciding. Make sure you’re comfortable with them.
  • Compare fees. Prenups can cost $1000-$5000 depending on complexity. Factor costs into your decision.

What Happens During the Prenup Process

Here are the typical steps once you hire your Staten Island prenuptial agreement attorney:

  • You’ll share details about assets, debts, income, and anything else that should be covered in the prenup.
  • Your lawyer will draft the agreement, going back and forth with your fiancé’s attorney if they have one. Expect lots of negotiations.
  • You and your partner will review the agreement, make any changes, and then sign.
  • Your lawyers and a notary will sign as witnesses to make it legally binding.

The process takes 1-3 months typically. Don’t leave it until right before the wedding!

Key Sections of a Prenup

Prenups can be as long or short as needed, but good Staten Island prenuptial lawyers will ensure these sections are included:

Financial Disclosures

  • Assets. Real estate, investments, retirement accounts, inheritances, personal property, etc. that each person owns.
  • Debts. Mortgages, student loans, credit cards, or other debts each person owes.
  • Income. Current salaries and potential future earnings.

Division of Property

  • Who gets ownership and control of specific assets if you split up.

Alimony Waiver

  • Sets whether one spouse will pay the other alimony or spousal support.

Estate Planning

  • Ensures assets pass to children from a previous marriage if one spouse dies.

Enforcing a Prenup in New York Courts

To hold up in a New York court, a Staten Island prenup must meet these requirements:

  • In writing. Must be a written document signed by both parties.
  • Voluntary. Both spouses entered into it freely without coercion.
  • Full disclosure. Assets, debts, etc were fully disclosed.
  • Not unconscionable. The agreement is fair and reasonable for both parties.
  • Legal counsel. Both parties had lawyers to ensure understanding.

As long as these conditions are met, judges will usually uphold the terms of a prenuptial agreement in a Staten Island divorce case.

Modifying or Contesting a Prenup

What if you change your mind about the prenup down the road? There are a couple options:

  • Create a postnuptial agreement. This is a new contract made after marriage. It can update, replace or cancel a prenup.
  • Go to court. You can contest a prenup in divorce court if you believe it’s invalid or unenforceable for some reason. But this is tough to win.

The best thing is to get an ironclad prenup from the start with an experienced Staten Island prenuptial lawyer. This will prevent issues later if the marriage crumbles.

Questions to Ask a Potential Prenup Lawyer

To find the best attorney for your prenup, come prepared with questions like these:

  • How long have you been handling prenups and family law?
  • How many prenups have you written? What’s your success rate?
  • What’s your approach for ensuring a prenup is enforceable?
  • Will you represent me exclusively, or also work with my partner?
  • What is the total cost estimate, including filing fees?
  • How long will the process take from start to finish?
  • Can we make changes down the road with a postnup if needed?

Alternatives to Prenups

Prenups aren’t the only option. Some other ways to protect assets and clarify finances in marriage include:

  • Postnuptial agreement – Contract made after marriage instead of before.
  • Community property agreement – Classifies assets acquired during marriage as jointly owned.
  • Will – Specifies who inherits your assets if you die.
  • Trust – Transfers control of assets to a designated trustee.
  • Life insurance – Provides money to a beneficiary upon your death.

Discuss the pros and cons of these alternatives with your Staten Island prenup attorney.

Finding the Right Prenup Lawyer Matters

Drafting a smart prenup is complex, with many legal and financial nuances to consider. Having an experienced Staten Island prenuptial agreement attorney that you trust by your side makes all the difference.They will protect your interests, anticipate any challenges down the road, and ensure your prenup is rock-solid. That gives you peace of mind and clarity as you embark on your marriage journey.If a prenup makes sense for your situation, don’t delay – contact a seasoned prenup lawyer on Staten Island to get started today!

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