Knowledgeable and Experienced Prenuptial and Postnuptial Agreement Attorneys in New York City
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 premarital 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 and postnuptial 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
Prenuptial Agreements
These agreements are established before marriage and at a time when couples are ready to embark on a new chapter in 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. A prenuptial agreement can be customized to your specific requirements. The following are some of the more prevalent reasons for having these agreements in place:
- 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
- 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.
Advantages of a Prenuptial Agreement
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.
Postnuptial Agreements
Postnuptial agreements are made during a couple’s marriage. These agreements are frequently used by couples to preserve their assets and plan for the future. When assisting our clients in the formation of postnuptial agreements, our family law experts offer you a comprehensive viewpoint to ensure that all appropriate topics are handled. The following are some of the more prevalent reasons for having these agreements in place:
- Division of assets, liabilities, income, and expectations of gifts and inheritances
- Payment of post-marital debts and the parties’ responsibilities
- Protection of assets and inheritance interests of children in the event of divorce.
- Ownership of post-marital property in reference to appreciation, gains, income, dividends and proceeds in the event of divorce
- Ownership of a marital residence and secondary homes
- Clarification of what will happen to the marital property, jointly or individually owned, such as artwork or jewelry in the event of divorce
- Agreements regarding spousal support
Why Choose Tully Rinckey for your Marital Agreement?
If you and your spouse have decided that a prenuptial or postnuptial agreement is appropriate for your case, you may want to have your agreement drafted by an experienced divorce lawyer in New York City. These agreements must be properly prepared and completed as a legal document. If it is not, the contract may be considered invalid.
The team of Tully Rinckey attorneys has assisted many families with their specific family law matters; so, you can rest assured that we have seen cases similar to yours and can give you the guidance needed to realize your goals. Our attorneys have practiced in many of New York City’s Family Courts, including those in the five boroughs—Manhattan, the Bronx, Brooklyn, Queens, Staten Island, Long Island, and Hudson Valley. With a team of attorneys located across New York State and access to online consultations and booking, we can assist you at any time and bill at lower rates than competing firms.
