Prenuptial Agreements Attorney in Chester, NY Drafts Marital Contracts
Firm provides professional representation to protect your property interests
Many couples have used prenuptial agreements to safeguard their interests and have found such contracts to be practical and mutually beneficial. A well-drafted document clarifies a couple’s financial situation so neither side has to wonder how financial matters will be handled if the marriage ends. When you know exactly where you stand, so you can enter marriage with your eyes wide open and reduce the likelihood of costly litigation in the future. At Meth Law Offices, PC, I am an experienced prenuptial agreements attorney in Chester, NY. Regardless of the size or complexity of your potential marital estate, I provide personal attention, pertinent advice, and skilled legal services.
How does a prenuptial agreement work in New York?
To be enforceable, a prenuptial agreement must be in writing and signed by both parties. Each party must sign voluntarily with full knowledge and without any indication of coercion. Any hint of fraud or duress could cause a court to invalidate the agreement. A court will also consider whether the agreement was “unconscionable” at the time of formation, meaning that it was so one-sided a judge could not enforce it in good conscience.
What is included in a premarital agreement?
A prenuptial agreement controls how various matters should be treated in the event of a divorce, such as:
- Which assets and debts are to be designated as separate property, rather than part of the divisible marital estate
- How marital property should be divided
- Whether alimony shall be paid and how much
Parties can negotiate terms relating to custody and child support, but the court has the discretion to disregard such agreements if they are not in the child’s best interests.
Marital agreements are flexible documents and can be drafted to meet your individual needs. This is another reason to retain an experienced family lawyer who is committed to protecting your rights.
Potential pros and cons of establishing a prenuptial agreement
The best argument in favor of a prenup is that it gives you greater control over your future. If you decide to dissolve your marriage, you can do so on your terms and have minimized your risk of an adverse ruling from the court. A prenuptial agreement can also save you significantly on fees you’d pay an Orange County divorce lawyer. But even if you never get a divorce, the process of drafting your marital contract promotes honest communication about finances and other key considerations as you look to build a solid foundation for a successful marriage.
The argument against prenups is that they create hurt feelings and raise suspicions that at least one spouse isn’t fully committed to the marriage. Yet, given the high rate of divorce in our society, more couples have come to view prenups as practical tools that provide real safeguards.
Can I create a marital agreement if I’m already married?
Married couples can execute postnuptial agreements, which must follow the same rules of formation as prenuptial documents. The difference is that with a prenup, going through with the wedding is sufficient consideration to make the contract binding. A postnuptial agreement requires some exchange of consideration, other than an agreement to remain married, to make the contract enforceable.
Contact a Chester, New York family attorney for a free marital agreement consultation
Meth Law Offices, PC in Chester, NY advises on prenuptial agreements for clients throughout Orange County. Please call 845-610-6596 or contact me online for a free initial consultation. My office is conveniently located at 10 Moffatt Lane, just off Routes 6 and 94.