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NYC Pre-Nuptial and Post-Nuptial Agreement Lawyers

 New York Pre-Nuptial and Post-Nuptial Agreement Lawyers

Either party in an engagement can request a prenuptial agreement for the purpose of clarifying property ownership in case a marriage ends. High net worth individuals benefit immensely from these agreements. Nevertheless, being wealthy is not a prerequisite for a person to get one. Any man or woman holding personal property or assets of any value may find prenuptial agreement contracts necessary.

According to the legislation in New York, prenuptial agreements need to be signed by both parties and notarized before the marriage takes place. After that, when the couple marries, the prenuptial agreement goes into effect.

Prenuptial agreements must be a contract in writing. An oral agreement will likely fail to have any standing or value in court.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.


A Well-Structured Prenup

The contract defines terms surrounding the ownership of property.  That a prenup is simple in concept is not the same as the actual document being overly simplified and missing critical details.

A generic template you can find online can fall short in many ways. Such documents might be completely thrown out of a New York courtroom.

A prenuptial agreement drafted by a family law attorney who understands the proper way to compose such a contract has a better chance in court. New York prenuptials lawyers working with an established law firm specializing in divorce and family law can be well worth contacting.


Elements You Would Not Have in a Prenuptial Agreement

Certain kinds of clauses cannot be included in a prenuptial agreement, even when they are related to finances.

Custody, Support, Visitation

Clauses connected to the custody, support, and visitation of your children or any future children you may have can be included in your New York prenuptial agreement. While child support is indeed a monetary concern, in New York, deciding who the primary custodian of the children should be, who will be held responsible for paying child support, and the amount of child support needs to be paid in the event of a divorce is in the court’s jurisdiction. That said, a minimum amount of monetary support for children can be indicated in a prenup.

Details Other Than Finances

A clause that covers details that are not monetarily-based should be kept out of a prenuptial agreement. You must not detail frequency of sexual relations, requirements for housework, or visiting schedules for in-laws. Under certain circumstances, courts in New York might simply ignore these kinds of clauses.  On the other hand, in some scenarios, a judge would rule that terms like these render the entire agreement invalid.  

Unjust Clauses

Although a prenuptial agreement is legally binding, courts can render your agreement invalid if any of the causes are found to be unjust or deceitful. A good New York Prenuptials lawyer can review the proposed prenup before you sign to make sure it doesn’t contain terms that would be considered unfair for you.


Reasons for Requesting a Postnuptial Agreement

Much like during the creation of a prenup, in a postnuptial agreement, both parties must be totally transparent about all their assets and liabilities. The agreement may cover the rights and responsibilities of the spouses during the course of the marriage, as well as division of property and spousal support terms if the couple ever gets divorced.  

Sometimes, changes in financial circumstances, roles and relationships occur. Scenarios that may prompt a couple to get a postnuptial agreement include:

  • One of the spouses might have given up their career to stay home with the children.  That spouse may seek the security of having their financial interests are protected in case of divorce.
  • A husband and wife choose to start a business together.  They would need to clarify the differences among marital, business and separate assets.
  • One of spouse comes into a big inheritance. A court would customarily award the inheritance solely to that spouse in a divorce. There may be a desire to share out the inheritance differently than it would be distributed under New York legislation.  A couple might wish to clarify which property is part of the inheritance so it is not mixed in with marital assets.
  • One spouse incurred significant debt in the years before the marriage, and the other spouse wishes to clarify they are not responsible for that debt.
  • A specific situation triggered a loss of trust in the relationship, for instance, infidelity.


The Legal Requirements of a Postnuptial

Your postnuptial agreement must meet all the requirements set by the state of New York, and requirements are stricter for these agreements than for other types of contracts.

For starters, here are the basic requirements:

  • Your postnuptial agreement needs to be in writing.  A New York court will not honor an oral agreement. You and your spouse each need to sign the agreement of your own free will. Like in any other contract, if any deception became evident, or coercion or threats were involved when either you or your spouse signed, the court will reject it. 
  • An attorney must be present to help ensure that both parties enter the agreement voluntarily.
  • Each spouse needs to sign the agreement.  If it isn’t signed the right way, that could invalidate it. A postnuptial attorney can make certain that you and your spouse sign your postnuptial agreement correctly.


Preparing a Postnuptial Agreement for You and Your Spouse

If, for whatever reason, you didn’t get a prenuptial agreement, then it’s in your best interest to get into a postnuptial agreement as soon as possible. In the best of all worlds, you will never need it, but if you ever do, you’ll be glad you made the effort.

Our skilled postnuptial attorneys can guide you every step on the road to making sure your agreement holds up before a judge. Call Spodek Law Group.  We will help you create a postnuptial agreement that will protect your best interests.


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