Brooklyn, NY – Some couples choose to enter a contract that is referred to as a premarital or prenuptial agreement. This outlines how certain issues related to property distribution and other important matters will be handled in the event of a divorce. Aside from the subject matter within the document, there are also certain legal requirements under New York law that must be met for the court to enforce the agreement when the marriage ends.
Financial and money issues
Most couples who choose to enter into premarital agreement have already been married and divorced at least one other time. It is also like that each spouse may enter the marriage with significant assets of their own, such as a business or significant savings and investments. In most cases, the premarital agreement will ensure that each spouse keeps their own personal assets and business interests, and the other partner will essentially waive any claim to these financial interests. Real property can also be mentioned in this section.
Custody and parenting issues
One of the most contentious issues after a divorce is often child custody and the court battles that can take place during custody hearings. A prenuptial agreement can give guidance related to exactly what kind of child custody arrangement will be in place after the separation. In most cases, this is done so that a spouse cannot argue for custody rights of the child that is not biologically related to them. However, these agreements can cover many other types of custody issues as well.
Requirements for the agreement to be enforced
Like many other contracts, a premarital agreement must have certain formalities present to be enforced by family courts in New York after a divorce. The document must be notarized while both spouses sign in each other’s presence. This is done to verify their identities and prevent issues related to fraudulent documents. The content of the agreement must contain a full financial disclosure from both parties. This usually means things like all sources of income, investments, property interests and other kinds of assets must be exhaustively listed. There also cannot be any issues with excessive unfairness towards one spouse that would make the contract unenforceable. In rare situations, there may be ways to contest the document if there was not sufficient time to review it before the marriage or other forms of unfair influence or duress were present.
Legal help with divorces and family law
Elliot Green Law Offices is available to assist with prenuptial agreements, divorces, and various other family issues in the Brooklyn area. Potential clients can schedule an initial meeting to discuss their situation and receive advice.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201