Best NYC Prenuptial Lawyers
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If you’re looking for a prenuptial agreement, the NYC prenup lawyers at Lawscape can help you. Our NYC divorce lawyers have YOUR best interests in mind. Over the past decade, prenup agreements have become more and more common. They are losing the stigma they used to carry. Many major publications even claim that prenup/postnup agreements make the marriage stronger. Prenups are a valuable tool in the event of a divorce, but must be created and negotiated carefully.
The number of engaged couples getting prenup agreements has been increasing, especially with millennials. Marriage are now happening later in life, and many potential spouses have more assets than ever before. When you have tremendous assets, it’s important to have a prenup agreement in place which will provide security and clarity.
If you, or your spouse, are considering a prenup/postnup agreement, you need an attorney at Lawscape to help you.
What’s the point of an NYC prenup agreement and why do you need an NYC prenup lawyer to help?
The prenup agreement is between you and your future spouse. In this agreement, both you and your spouse disclose all of your assets and property before entering the marriage. Your prenuptial agreement can also determine things such as:
- how you and your spouse will divide assets, like property, in the event of divorce/death
- protect your business, and other property, you had before the marriage
- protect your intellectual property
- protect your pension
- set terms of spousal support and alimony after a divorce happens
When you consider getting a prenuptial agreement, you have to be honest about disclosing your assets and your debts. Your NYC prenup agreement can provide you with guidance.
What are the things you must include in a prenup?
Prenup agreements are unique. The more info you add into the prenup, the stronger it becomes. Below are issues you should consider as you draft your NYC prenuptial agreement.
Property Division / Rights
Many couples in NYC have real estate. The main goal of real estate is to ensure each person’s right to their separate assets, and join property, are preserved. If you bought assets such as real estate, art, retirement, businesses, etc, then the prenup agreement can and should discuss the property rights – on how the assets should be divided. Prenups can outline who gets which assets. Your prenup can also divide up your debts and options for each spouse to purchase/buy/sell property from the marriage.
The prenup agreement can set terms for the amount of alimony either spouse might get after the divorce. You and your spouse can outline the amount, or duration, of alimony, either spouse can receive. At Lawscape, we help you make sure this important detail is done correctly.
What can invalidate your NYC prenup agreement?
Hypothetically, anything can be put into the agreement. But there are things can result in your agreement being overturned:
- agreement signed duress
- either spouse signed without legal representation
- agreement is deemed unconscionable
Typically, NYC courts will frown upon prenups that waive a spouse’s right to spousal support, and will invalidate any provision that leaves a spouse destitute.
What’s the advantage of having an NYC prenup agreement?
There are many pros and con’s of having a prenup agreement. If you’re looking for a prenup agreement, here are a list of attorneys in NYC who can help you, including Lawscape
Here are some benefits to having a prenup agreement
- peace of mind that if the marriage ends, difficult issues will be resolved easily
- protecting the rights of children, and heirs
- protecting you from spousal debt
- protecting assets and separate property
What are the disadvantages of having an NYC prenup agreement
Prenup agreements can be a source of disagreement. Here are something to think about when drafting your prenup agreement:
- the prenup could force you to waive your right to inherit from your spouse’s estate upon his, or her death
- if you contribute to the success of your spouse’s business, and waive any rights to it in the prenup, this could result in you not being entitled to a share of the increase in value of the business