Whether you are married or thinking about getting married, you should always consider how you will manage your finances with your significant other. One way to make sure that your future financial goals are protected is by establishing a prenuptial agreement.
Our team of Binghamton prenuptial agreement attorneys can consult with you and advise you on the best way to carry out a marital plan that meets your demands.
Knowledgeable and Experienced Prenuptial Agreement Attorneys in Binghamton
If you are about to marry, you should think about the best method to preserve your possessions and future family. Preparing a legally sound prenuptial agreement is one way to do it in New York. A good prenuptial agreement can even assist in reducing marital discord, especially since more than half of all divorces are related to financial problems.
A prenuptial agreement is a highly personal and unique document. As a result, it is beneficial to employ an experienced matrimonial attorney lawyer who can analyze all of the legal and financial implications of the marriage as well as your unique circumstances.
Our New York City divorce attorneys are experienced and capable of drafting your prenuptial agreements. They have a deep understanding of New York State family and matrimonial laws and will ensure that your rights and best interests are maintained throughout the formation of your marital agreement. We represent individuals throughout the New York City metropolitan area, including the lower Hudson Valley, the five boroughs—Bronx, Brooklyn, Manhattan, Queens, Staten Island, and Long Island. With many years’ worth of collective family law experience throughout our firm, Tully Rinckey brings both the dedication and experience needed to uphold your current and future needs.
What is a Prenuptial Agreement?
These agreements are established before marriage and at a time when couples are ready to embark on a new chapter of their life, and they become effective upon marriage. While prenuptial agreements are often associated with negative stereotypes, they are essential for couples who want to plan for the future and protect themselves.
The state of New York is known as an “equitable distribution state.” Property distribution is normally resolved by the court in the case of a divorce, in a fashion that the court believes must be equitable to both parties. However, having a prenuptial agreement removes the court from much of the responsibilities. Instead, having a plan in place ahead of time ensures that the assets are dispersed evenly in accordance with your earlier agreement.
It is important to note, however, that prenuptial agreements cannot address matters relating to child support or custody issues.
What Should You Include in Your Prenuptial Agreement?
A prenuptial agreement can be customized to your specific situation. The following are some of the more prevalent reasons for having these agreements in place, and should be answered in your prenuptial agreement:
Agree to property rights and ownership of property acquired during the marriage;
Protect assets held before marriage from potential distribution;
Entitlement, or lack thereof, to a prior or current estate/inheritance;
Protect children from a prior marriage or relationship as to their inheritance rights;
Set amount and duration of spousal maintenance in event of a divorce or separation; and
Waive rights to spousal maintenance, equitable distribution, or counsel fees in case of divorce or separation
A prenuptial agreement cannot relinquish a couple’s rights to custody or support of their children. Child custody, support, and visitation are always governed by the needs and best interests of the child.
As with most contracts, certain formalities must be followed for them to be deemed legitimate and enforceable by the courts. Because of the nuances, it is highly advisable for you to work with an attorney that may be able to review your agreement so you can ensure that your contract is valid.
Issues That Will Invalidate Your Prenuptial Agreement
While prenuptial agreements are enforceable once signed, there are some issues that could arise after the signing, that could invalidate your agreement. Below are a few of the most common reasons why a court may invalidate a prenuptial agreement.
Fraud: Each spouse must make full disclosure of their assets when their agreement is written. However, it is not uncommon for a partner to undervalue their assets or try and hide them in case of a divorce so they would not be part of any settlement. If you can show that your spouse did not completely disclose their assets, you may be able to have the prenuptial agreement nullified. The same may be said about debt disclosure. It may be grounds to have the agreement invalidated if you discover your spouse has more debt than is listed in the agreement.
Coercion: If one of the spouses was forced into signing the prenuptial agreement, the court may rule that it is invalid. One spouse may have been forced to sign the agreement by their spouse, lawyer, or other family members. Although this is difficult to show, it is not unheard of for a judge to invalidate a prenuptial agreement if there is a witness.
Filing Issues: The prenuptial agreement must be created and submitted according to the state’s laws. In order for it to be legal, it must be created and submitted in a very precise way, just like any other legal document. The prenuptial agreement may be invalidated if you can establish that it was incorrectly filed or extremely lopsided. This is why it is best to write and submit a prenuptial agreement with the help of a qualified and experienced divorce/matrimonial attorney.
While it’s not an exhaustive list of reasons that a court might invalidate your prenuptial agreement, knowing the cases where it will and won’t result in an invalidation can help protect your well-being should your relationship not work out.
Our Binghamton Marital Agreement Attorneys are Available to Assist You Today
With your financial future at stake, it might be worth working with an experienced divorce attorney who can best protect your assets and future. Our matrimonial attorneys routinely assist families across Binghamton and Broome County and have helped many individuals navigate the complexities of New York State’s marriage laws.
To schedule an initial consultation with a member of our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or email@example.com. You can also book your consultation online via the link below.
You can also use our secure Live Chat feature to connect with us regarding your matter. You will be connected with a member of our client relations team ready to assist you.
Book Your Consultation Now!
Ready to book your consultation? Click here to pay our consultation fee and book your meeting with an attorney today!
When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States and overseas, we make sure you receive legal counsel and representation you can trust.
Commitment to Our Clients
Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals. Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.
Commitment to Quality
At Tully Rinckey PLLC, our commitment to quality never ends. We listen to your legal concerns, counsel you on your legal issues and represent you in legal proceedings. Our already knowledgeable attorneys are continually learning more, developing their resources and honing their skills. We make ourselves accessible to you at every turn, committing to be your long-term legal partner.
Ethics and Professional Responsibility
At Tully Rinckey, we work relentlessly to ensure our ethical standards and level of professionalism surpass what is expected of us by our clients and the court. Our high ethical principles call us to treat clients with respect, offer affordability to members of the communities we serve, and provide composed and dignified representation.
Our Personal Process
Contact us to discuss your needs with a client representative and schedule a consultation with an attorney.
PREPARE FOR CONSULTATION
Your time with your attorney is important. Please use this guide to get the most out of your initial consultation.
Meet your attorney
We discuss your specific legal goals and gain important information from you to help us understand your unique situation.