Guide to New York Prenuptial Agreements

prenup & Separation	The Guide To Prenuptial Agreements In New York was written to help you understand how New York Courts work. It is not intended to be legal advice or a substitute for a prenup lawyer, merely a guide to help you understand your needs. We recommend that you retain the services of a competent family lawyer to defend you and your children. Call a family lawyer at (212) 748-9243.
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Prenuptial Agreements

A prenuptial agreement (also known as an antenuptial agreement, premarital agreement, prenup or prenupt) is a contract entered into prior to marriage. The content of a prenuptial agreement can vary widely depending on people's desires, but commonly includes provisions for division of property and spousal support in the event of divorce.

1. Agreement must be in writing (oral prenups are always prohibited);
2. Must be executed voluntarily;
3. Full and fair disclosure at the time of execution;
4. The agreement cannot be unconscionable (grossly unfair);
5. It must be signed before a notary public.

A prenuptial agreement will protect:

• Assets such as a home, real estate investments stock or retirement funds;
• Business and professional practice;
• The value of academic or professional degree (some people who get a degree during marriage are forced to pay part of its value to the spouse during divorce);
• Any future increases in income.

Prenuptial agreements in all U.S. states are not allowed to regulate issues relating to the children of the marriage, in particular, custody and access issues because it must be decided based on the "child's best interests." A prenuptial agreement is not a sign that the couple does not trust each other and does not believe in the marriage. Just as business contracts include clauses in case partnerships dissolve, so too should people entering into a life partnership be prepared for all possibilities. Not only can it help in case of a divorce, but a prenup can even help resolve many issues that may arise in a successful marriage. Discussing these issues prior to marriage may actually prevent a divorce!

FEES:

- Prenup Drafting (by our firm): $850
- Prenup Review (drafted by another firm): $499

To speak to an attorney, call (212) 748-9243.

 

Storobin & Spodek LLP 14 Wall Street, 20 Floor New York, N.Y. 10005 Phone: (212) 748-9243 Phone: (800) 391-8392 Fax: (800) 391-7207

Storobin & Spodek LLP 44 Court Street, Suite 917 Brooklyn, N.Y. 11201 Phone: (718) 596-3700 Phone: (800) 391-8392 Fax: (800) 391-7207