Planning Syracuse Prenuptial Agreements

It is generally important to understand exactly how the prenuptial agreement process works, what your agreement contains, and how it may affect you. The legal team at Tully Rinckey PLLC works hard to make sure every agreement undertaken by our clients is fair and reasonable, so that it will stand up in court if necessary.

Financial Planning

A typical prenuptial agreement includes a listing of the property each party brings to the marriage. If both you and your spouse keep your own property separate during the marriage, it will not be considered marital property should a divorce occur.

However, if any of this property is later titled in both spouses’ names—such as changing the title on a house that originally belonged to just one spouse—that could make the property marital rather than separate in case of divorce, unless this is clearly spelled out in advance of the actual marriage.

On a separate note, prenuptial agreements may establish what kind of spousal support, if any, one spouse must pay to the other in event of a divorce.

Prenuptial Agreement Invalidation

Keep in mind that for a prenuptial agreement to hold up in court, each party must list all of their assets. If one spouse fails to disclose assets and/or attempts to hide them, New York Domestic Relations Law §236(B)(3) allows the court to find the agreement invalid. The same holds true if the prenuptial agreement is completely unfair to one of the parties.

Neither you nor your spouse must feel pressured to sign the agreement or feel forced to sign without adequate time to consider the consequences, or adequate time to obtain proper legal review and advice. Either situation may result in the agreement being invalidated should you eventually divorce.

What a prenuptial agreement cannot do, however, is establish child custody or support for future children of the marriage. It also cannot eliminate a parent’s obligation to pay such support. As established in NYDRL §76-A, all of these issues are up to a New York Supreme or Family Court Judge to decide at the time of separation or divorce, or incorporated into a written agreement by the parties.

Separate Attorneys

The same attorney cannot handle the negotiation of a prenuptial agreement on behalf of both involved parties. Each party must have their own lawyer representing them in this agreement.

Speak with a Syracuse Matrimonial Attorney Today

If you plan to marry and would like more information about prenuptial planning, you may need the services of a compassionate and considerate Syracuse matrimonial attorney. Call or email our Syracuse office at (315) 492-4700 or info@tullylegal.com today to arrange a consultation.

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