In New York, certain divorce issues are governed by statutory laws. Absent a valid prenuptial agreement, a court will apply those statutes and case law. Persons who are getting married may enter into a prenuptial agreement to set forth how various issues are to be handled in the event of a divorce. A prenuptial agreement must satisfy certain requirements to be considered valid. In the event the prenuptial agreement does not meet the requirements or there are other issues, it may be challenged. Persons who wish to prepare or enforce a prenuptial agreement should contact Queens prenuptial lawyers for legal advice.
What can be included in a New York prenuptial agreement?
A prenuptial agreement can address a variety of issues that may arise during a marriage and in a divorce. Some examples of things that can be included are as follows:
What are some of the requirements for a prenuptial agreement?
In order for a prenuptial agreement to be considered a valid and binding contract, it must comply with certain legal requirements. The prenuptial agreement must be in writing and signed by both parties. The agreement must also be entered into in contemplation of marriage. The agreement must also be entered into voluntarily by both parties. Finally, the agreement must not have any provisions that are contrary to the law, such as the termination of child support or determination of child custody issues.
If a prenuptial agreement has been entered, can it be challenged?
There may be certain defenses available to challenge the validity of a prenuptial agreement or certain provisions within the agreement. Some examples of defenses may include:
Why is it important to work with a prenuptial agreement lawyer?
By consulting with a prenuptial agreement lawyer prior to the entry of an agreement, you will better ensure that your rights are protected and that the agreement complies with the legal requirements. To avoid a conflict of interest, each party to the agreement should have separate legal counsel with whom they consult individually. Bronx prenuptial lawyers can help draft prenuptial agreements or review agreements to better ensure that the agreement is fair and adequately addresses the issues that may be present in your situation.
If you need assistance with a prenuptial agreement, either drafting an agreement or enforcing the same, contact Bronx prenuptial attorneys to schedule an appointment.
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