Long Island Marital Agreements – Lawyers Help Clarify Your Asset Arrangements
Prenuptial and postnuptial agreements provide significant safeguards for couples
Marital agreements are legally enforceable contracts that allow a couple to settle certain issues of divorce ahead of time. This means for you, that a potential divorce down the line, will be accomplished quickly and more cost-effectively. When a couple executes a marital agreement prior to their wedding, it’s known as a prenuptial agreement (prenup). After marriage, couples can execute a postnuptial agreement (postnup). Since 1990, Simonetti & Associates has prepared, reviewed, challenged, and enforced Prenups and Postnups for clients throughout the Long Island area in both Nassau County and Suffolk County.
Who needs a prenuptial or postnuptial agreement?
In New York, when couples divorce, the court divides the marital property according to the rules of equitable distribution. If, however, the parties have created a valid prenup or postnup, the marital agreement governs the division of marital assets and debts.
Marital settlement agreements provide peace of mind for couples who do not want the court to exercise its discretion to distribute property. Your reasons for wanting your property rights spelled out in an agreement might include:
- You own or co-own a business or businesses.
- You expect to receive a large inheritance.
- You expect to increase your income significantly.
- You are much wealthier than your spouse.
- You plan to support your spouse financially through post-secondary education.
- You have or are expecting a degree in a lucrative profession.
- You own valuable property such as real estate, stocks or savings.
- You have children from a previous marriage, aging parents or other loved ones who need a secure financial future.
If any of these circumstances apply to you, a skilled family law attorney can help you decide if a prenuptial or postnuptial agreement is an appropriate measure to protect your financial future.
When can a party challenge a pre- or postnuptial agreement?
Normally, it is the responsibility of the party who is trying to challenge an agreement who needs to prove why the contract was not valid. The contract is generally valid if:
- It is a written document signed by the parties (both of whom are competent) and notarized.
- It contains a full disclosure of each party’s financial assets or an attestation that finances were disclosed.
- It was not made fraudulently or under duress.
- It is not so one-sided that the terms are unconscionable.
A provision in the agreement waiving spousal support is generally valid absent extenuating circumstances.
To challenge a nuptial contract, a family law attorney must be skilled in litigating divorce issues as well as contract disputes. Our experienced lawyers have considerable experience challenging and defending marital agreements and can give you a thorough evaluation of the strengths and weaknesses of your pre- or postnuptial contract.
Contact Simonetti & Associates for your free consultation
For more than 30 years, Simonetti & Associates has provided affordable, quality legal representation to couples throughout all Long Island including Huntington, Syosset, Massapequa, and Hicksville considering pre- and postnuptial agreements. At our offices in Woodbury, New York, we offer flexible hours for your convenience and return calls even at off hours. For your free initial consultation, call 877-385-2560 or contact us online.