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NYC Prenuptial Lawyers

The Value of Prenuptial Agreements

Divorce is the last thing that someone about to marry wants to concern themselves with. People tend to think of prenuptial agreements in those terms. They tend to see them as a sign that the person who asks for one has little faith in the durability of the marriage. But establishing a plan for divorce is not the primary function of prenuptial agreements. The main aim of such contracts is to remove the discretionary power of judges over property. New York State gives judges wide latitude in deciding how marital assets are to be distributed in the event of divorce or the untimely death of the wealthier partner. A prenuptial agreement provides instruction for how assets and wealth are to be disposed of if either of the two were to occur.

If you possess substantial and extensive assets, asking your future spouse to sign a prenuptial agreement is really not about you. Your position more than likely involves you in a number of ongoing business concerns and enterprises. Your wealth is tied up in companies and commerce that underwrites the livelihoods of a great many people. It is important that these operations carry on intact no matter what. Their fate cannot hinge on the state of your love life or your mortality. A prenuptial agreement separates these interests from your marital estate, allowing them to carry on as they have been regardless of what may occur in your personal life.

However, you do not have to be a wealthy individual or be at the head of a business enterprise to find some use in a prenuptial agreement. Even if your assets are much more limited they are still worth protecting. If you own property and are marrying someone who doesn’t, it is not unreasonable for you to want to remain the sole proprietor of it. You see no reason to expect anything but a long, loving, and happy marriage. But you need not make assets that you have strived to accumulate part of the marital estate in order to show your confidence in your future spouse.

Another ordinary use of prenuptial agreements concerns the management of debt. If you and your intended are like most couples, you both are entering the marriage with debt. There tends to be no way around incurring debt in today’s society, so it is a perfectly normal thing for both of you to have. After you marry you will probably take on more debt. A prenuptial agreement will ensure that you are not compelled to service the debt incurred by your partner before the marriage should the latter ever be dissolved. This is a practical, common sense thing that many couples are willing to agree to.

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.
RajRaj
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.
TaĂŻko BeautyTaĂŻko 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.
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One of the best and most valuable uses of pre-nups is to keep family heirlooms separate from the marital estate. If you have inherited diamonds, precious stones, jewelry, antique furniture, ancient artifacts and other items of sentimental as well as monetary value, you should get a prenuptial agreement that ensures that you remain the sole owner of those items no matter what happens in the marriage. You can also have the agreement stipulate that in the case of your untimely death the objects you inherit will go to your children or if you don’t have children to some other relative. The point is that a prenuptial agreement will guarantee that family heirlooms stay within the family.

Working with a lawyer specialized in drawing up prenuptial agreements is the best way to go. It will ensure that you get a prenuptial contract that is sound and solid and will act as the governing instruction in the event of divorce or your untimely departure

The Importance of Prenuptial Agreements in NYC

If you’re planning to get married, it’s smart to get a prenuptial agreement, popularly known as a prenup, before you say your vows. Although some couples skip this, either because they don’t feel like going to the trouble or they don’t find it very romantic, a prenup actually protects both parties in a marriage. This guide will explain exactly how prenups work in New York City, why it’s important to get one and how an attorney can help you set up yours.

How a Prenuptial Agreement Works

The simplest way to explain a prenup is that it’s a legal contract that covers what will happen if a couple gets divorced. A prenup should cover every aspect of a divorce, including:

  • How the couple will divide their shared marital assets
  • What assets belong to each spouse individually
  • If there will be any spousal support required after a divorce, and if there is, the amount that one spouse will be required to pay and the length of time they’ll need to pay this

For a prenup to be valid, both parties must agree to it and sign it before the marriage takes place. The same type of agreement can occur after a marriage, but it would be considered a postnuptial agreement. If the couple gets divorced, then their divorce will go by the terms they agreed to in their prenup. This can make the divorce process go much quicker and cost the couple far less.

Why Every Couple Should Have a Prenup

The most common reason people object to a prenup is because they think it sends the wrong message. Since a prenup only takes effect if a couple gets divorced, some look at it like their partner is planning to get divorced should they suggest a prenup.

That’s the wrong way to look at it. A prenup is like an insurance policy – you never want to use it, but it helps if a worst-case scenario occurs. Even with a prenup, you and your soon-to-be spouse still want the marriage to work out, but you also have been responsible enough to plan in case it doesn’t. After all, divorce is the outcome with about half of all marriages.

If you do get divorced without a prenup, it can be a stressful, time-consuming process that costs thousands of dollars. You and your spouse may disagree on how to divide assets, and if that’s the case, it will be up to the court to decide what happens. With a prenup, you and your spouse have full control of your marriage and what happens should the marriage ends.

It’s impossible to predict how a court will rule during a divorce. You could end up unhappy with a court’s ruling if you leave your divorce to chance. By setting up a prenup with your partner before the marriage, you can ensure that you’ll be satisfied with the resolution should a divorce occur.

How an Attorney Can Help You Prepare Your Prenup

You and your partner may think that you can set up your prenup without any help. Although you two can and should come to an agreement on the major points of a prenup, it’s a mistake to do it all without consulting with attorneys.

There have been cases where courts have thrown out prenups. A court may throw out a prenup for many reasons, including:

  • The agreement is unbalanced and strongly favors one party over the other.
  • The agreement may have been signed under duress (the stereotypical example here is one partner giving the other partner a prenup just hours before the wedding).

To ensure that the court honors your prenup, it’s important for both you and your spouse to have your own attorneys. This way, each of your attorneys can look over the agreement and ensure that it’s fair for their client. You two can’t share an attorney for this, because that would present a conflict of interest.

Your attorneys can also make sure that neither party is under duress when they sign the prenup and get the prenup filed properly so that it will be considered valid.

A prenup certainly isn’t the most enjoyable part of marriage preparation, but it’s a crucial step to take. Make sure you and your spouse each have a lawyer so that the work you do on a prenup doesn’t go to waste.

Prenuptial Agreements in the Bronx

Many people have misconceptions about a prenuptial agreement. They believe it is an insurance policy against losing all assets in a divorce. They believe a prenuptial agreement leads to more divorces in the Bronx. These are just misconceptions. A prenuptial agreement is a contract between two individuals who plan to wed. It is the best way to make sure all issues are resolved without a lot of emotions coming into play.

What Goes into a New York City Prenuptial Agreement

Although a prenuptial agreement seeks to avoid conflict between spouses if a divorce occurs, it’s very broad. This means that every prenuptial agreement is different because every couple won’t seek to resolve the same issues like property division.

New York law provides some guidelines for couples trying to figure out what they want in a prenuptial agreement. For example, the agreement include:

  1. Definition of Property: New York divorce law defines property and assets in two categories: marital property and separate property. Marital property is the items the couple acquires during the marriage such as cars, jewelry and rental property. This is the type of property that must be separated during a divorce.

Many couples may not have property together before marriage. However, the can decide who receives the property such as the family home or car if they divorce. They can can also decide who will be responsible for paying debts too.

Separate property is not divided during a divorce. Separate property involves items one of the future spouse solely owns. They acquired the property prior to marriage such as an inheritance or car collection. This means their spouse can’t request those items be sold and request they receive the proceeds.

  1. Spousal Support: Spouse support involves a spouse paying their ex-spouse money after the divorce. The payments are generally given every month. The purpose of the financial support is because the ex-spouse may have given up their career for some reason such as raising children or taking care of the home. Thus, they receive support for a temporary or permanent time.
  2. Child custody arrangements: Child custody will ultimately be decided by a family court judge. However, it is helpful during divorce proceedings that a couple has already decided how they want to raise their children. This means if they want joint or sole physical and/or legal custody.

A New York City family court judge will always decide child custody issues based on what’s in the best interest of the child. If the child custody details in a prenuptial agreement is in the best interest of the child, a family court judge may grant what’s in the agreement.

Ensure Proper Prenuptial Agreement is Valid

Both future spouses must sign a prenuptial agreement voluntarily. This means a future can’t pressure their partner to agree to anything in the prenuptial agreement or sign one. Another way to endure it is valid involves making a fair and reasonable agreement. This means that a future spouse can’t take everything if there’s a divorce.

A huge factor in whether a prenuptial agreement is enforceable is whether each future spouse is honest during the process. The agreement requires each party to disclose all their property and assets. This means if a person didn’t tell their significant other about a timeshare they owned in another country, they must disclose it when making the prenuptial agreement. If one or both parties are not honest and provide full disclosure, then the prenuptial agreement is invalid.

Having a lawyer during the prenuptial agreement is vital. New York law requires each future spouse have the opportunity to have a prenuptial agreement lawyer review the document. This means each spouse has the opportunity to understand what they agreed to anything that would invalidate the contract or be unfair.

Hire a Lawyer to Draft a Prenuptial Agreement

It’s important to reiterate that drafting and signing a prenuptial agreement will not lead to a divorce. A prenuptial agreement is solely to set grounds rules in case a divorce occurs. It can also be a good idea if a couple remarry and have children from a previous relationships.

Contact a prenuptial agreement lawyer in the Bronx to understanding more about drafting a prenuptial agreement and how to make sure it remains enforceable. There’s a great chance of creating a contract spouses never have to use. Contact a prenuptial agreement lawyer today.

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