Couples who are entering into a marriage contract are highly encouraged to sign a prenuptial agreement to help protect their rights and assets and to keep conflict to a minimum after the wedding takes place. A prenuptial agreement is a contract that a person signs alongside their future spouse so they can disclose to each other all the assets they currently own and how they wish for those assets to be divided and handled at the time of marriage.
In New York, there are already laws set by the state that determine how property will be divided in case a marriage ends and the couple are divorced or one of them passes away. However, a valid prenuptial agreement that fulfills all the legal requirements can overpower the laws of the state, and it will be given preference. However, there are many rules to completing a legally acceptable prenup and only when all these rules are satisfied will the decisions made in the document be taken seriously. The prenup will be considered valid and it will be enforced as long as it protects both a person and their spouse and it was entered with complete and fair disclosure to both parties.
However, if any one of the spouses wants to challenge the validity of the prenuptial agreement they can do so. Some of the main reasons that a person may try to remove the enforceability of a prenup include:
- If there was only one attorney, and each spouse did not have a separate attorney
- If there was a fraud and the spouses failed to honestly disclose their assets
- If force or coercion was used to get the spouse to sign the prenup
- If the prenup is highly unfair and leaves one spouse with nothing
If a person wishes to challenge a prenuptial agreement, they should connect with a divorce attorney who specializes in dealing with such cases so they can go forward with the legal process.
What issues are reviewed in a prenuptial agreement in Queens, New York?
There are many matters of importance that a prenuptial agreement covers. Despite what most people believe, this document is not just for property division, but for other factors as well.
These factors include:
- Defining separate property
- Establishing maintenance
- Establishing support for children
- Determining debt before marriage
- Child custody and visitation matters
A prenup can end up saving a person a lot of time and money in the long run. Anyone who wants to create a prenup or contest against one should reach out to a divorce lawyer at the Law Office of Charles Zolot to get help with their case.
Reach them at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640