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On average, 50% of all marriages will end in divorce in New York.
No one enters marriage anticipating a divorce, but you can have legal protection just in case. A prenuptial agreement is a contract made between a couple before they marry in which they define their assets and property rights in case they ever separate or divorce. This agreement becomes effective upon marriage. A postnuptial agreement is a similar contract but can be entered into once a couple is already married. A lawyer in our Family and Marital Law practice can help you draft the proper prenuptial and postnuptial documents.
Many couples have negative stereotypes regarding prenuptial agreements.
It is often difficult to discuss this topic with a prospective spouse because it may bring up feelings of mistrust. Others feel prenuptial agreements are only for the wealthy. No matter what your age or assets, it is better to prepare in advance than to end up in legal battles that cost thousands of dollars, unnecessary emotional distress and financial disarray. It is often wise to formulate a plan, especially if one or more of the spouses have children or have been previously divorced.
A prenuptial agreement can be custom tailored to your needs and wants. All prenuptial agreements are not the same and they can be detailed or as general as desired
Some of the more common purposes include:
- Agree to property rights and ownership of property acquired during the marriage
- Entitlement, or lack thereof, to a prior or current estate/ inheritance
- Set amount and duration of spousal maintenance in event of a divorce or separation
- Waive rights to spousal maintenance, equitable distribution or counsel fees in case of divorce or separation
- Pass on assets to children from a prior marriage in case of death
If you choose to draft your own agreement, it is important to have an attorney review the document to ensure its validity. In any contract, certain formalities are essential to be valid and enforceable by the courts.
The most popular City / Village / Town Courts our lawyers serve:
Albany, Altamont, Amsterdam, Berne, Bethlehem, Brunswick, Clifton Park, Cohoes, Colonie, Coeymans, Delaware, Duanesburg, East Greenbush, Fulton, Glens Falls, Glenville, Gloversville, Grafton, Greene, Guilderland, Hoosick, Hudson, Johnstown, Malta, Mechanicville, Menands, Montgomery, Nassau, New Scotland, Rensselaer, Rensselaerville, Rotterdam, Saratoga, Schenectady, Schoharie, Schodack, Scotia, Troy, Ulster, Voorheesville, Warren, Washington, Watervliet
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“At an extremely traumatic time for me, Barb King treated me with compassion and comfort. She reassured me she would advocate for me, educated me on my rights, and yet never stirred up acrimony or delayed the proceedings. She was always …
“Barb was very knowledgeable and competent. I am very thankful for what your offices do for me. Thank you” - J.B. on Partner Barbara J. King
“I had a fantastic experience with Barb. She was practical, did not waste time (or fees), and gave blunt, accurate advice. Nobody has a good experience going through a divorce, but having Barb as an advisor makes for a much …
Tully Rinckey PLLC family and matrimonial attorney Barbara King, Esq., answered listener questions on WGNA’s “Ask the Lawyer.” Ms. King provides insight on a multitude of divorce questions including social security benefits, filing divorce papers when a spouse cannot be …
Tully Rinckey PLLC matrimonial and family attorney Barb King, Esq., answered listener questions on WGNA’s “Ask the Lawyer.” Ms. King provides insight on divorce and child support questions.
Tully Rinckey PLLC family and matrimonial attorney Barbara King, Esq., answered listener questions on WGNA’s “Ask the Lawyer.” Ms. King provides insight on property distribution and general divorce questions.
By Mathew B. Tully Question: I’m divorced and own a restaurant. My business is still reeling from a horrible winter and I’m having trouble meeting my child support obligations. At what point does a decline in business merit lower child …
School will be out soon and the children couldn’t be happier. Summer schedules, however, present many challenges for divorced or separated parents who now have children home 24/7 and need to rearrange custodial access schedules. With fewer stay-at-home parents these …
With so many second marriages forming these days, the “blended family” has become a common event. The term refers to families that bring together children from prior marriages or relationships, to live in one household together. Over time, the bond …
New York State Bar Association: Matrimonial Trial Institute IV: A Mock Financial Trial – December 6, 2013
Presenter: Barbara J. King Date: Friday, December 6, 2013 Time: 8:30 AM – 4:10 PM MCLE Credits: 6.5 Skills for all attorneys Location: New York State Nurses Association 11 Cornell Road Latham, New York 12210 Tully Rinckey PLLC partner Barbara …
Presenter: Jennifer J. Corcoran, Esq. Date: December 17, 2013 Time: 6:00-7:00 p.m. Skills: 1 CLE Credit Hour Unable to join us in Albany? Join us online via webconference. *Please note that newly admitted attorneys (attorneys admitted two years or less) …
Presenter: Jennifer J. Corcoran, Esq. Date: December 17, 2013 Time: 7:00-8:00 p.m. Skills: 1 CLE Credit Hour Unable to join us in Albany? Join us online via webconference. *Please note that newly admitted attorneys (attorneys admitted two years or less) …