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Simonetti & Associates, Nassau County Divorce Lawyer

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 divorce issues beforehand. 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 before 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 equitable distribution rules. 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 business.
    • 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.

Suppose any of these circumstances apply to you. In that case, a skilled family law attorney can help you decide if a prenuptial or postnuptial agreement is appropriate to protect your financial future.

When can a party challenge a pre- or postnuptial agreement?

Normally, it is the responsibility of the party trying to challenge an agreement who needs to prove why the contract was invalid. 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.

A family law attorney must be skilled in litigating divorce and contract disputes to challenge a marital contract. 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 over 35 years, Simonetti & Associates has provided affordable, quality legal representation to couples throughout Long Island, including Huntington, Woodbury, Massapequa, and Hicksville, considering pre- and postnuptial agreements. Our offices in Syosset and Water Mill, New York, offer flexible hours for your convenience and return calls even during off-hours. For your free initial consultation, call 877-385-2560 or contact us online.

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    Summary
    Marital Agreements
    Service Type
    Marital Agreements
    Provider Name
    Simonetti & Associates, Telephone No.877-385-2560
    Area
    Long Island
    Description
    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.