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NYC Prenup Attorneys

Prenuptial Agreements in NYC: What You Need to Know Before Saying “I Do”

CONGRATULATIONS! You finally found Mr. or Ms. Right, the person with whom you’re hoping to spend the rest of your life. You’re excitedly planning your dream wedding in the Big Apple. Amidst the whirlwind of picking out flowers, sampling cake flavors, and finding the perfect dress or tux, there‘s an important (albeit less romantic) discussion you and your beloved should have before walking down the aisle – whether or not to get a prenuptial agreement.You may have heard of, or yourself experienced, horror-divorce stories. They seem to be prevalent and ubiquitous nowadays. Prenuptial agreements – commonly known as “prenups” – have emerged as a way for couples to protect themselves and their assets in case the marriage doesn’t end up being the “‘til death do us part” fairy tale they envisioned. But what exactly are prenups? How do they work in New York City? And most importantly – are they right for you and your partner?

What is a Prenuptial Agreement?

A prenuptial agreement is a legal contract that an engaged couple signs before they get married. It outlines what will happen to their finances – their assets (what you own) and liabilities (what you owe) – during the marriage and in the event of a divorce. Essentially, it allows you and your partner to decide in advance how you‘ll divide your property if you split up, rather than leaving it in the hands of the court.Some key things a prenup can cover include:

  • What property (real estate, bank accounts, investments, etc.) is considered separate property (belonging to just one spouse) vs. marital property (belonging to both spouses)
  • How marital property will be divided in a divorce
  • Whether one spouse will pay alimony (spousal support) to the other, and if so, how much and for how long
  • What happens to property upon the death of one spouse
  • How marital debts will be paid off in a divorce

It’s important to note that prenups cannot include provisions related to child custody or child support. Those determinations are always made by the court based on the best interests of the child at the time of the divorce.

Pros and Cons of Prenups

Like most major life decisions, getting a prenup has its advantages and disadvantages. Let’s take a look at some of the most common pros and cons.

Pros

  1. Protects premarital assets: If you’re entering the marriage with significant assets, like a home, investment portfolio, or business, a prenup ensures that those assets will remain yours if you divorce.
  2. Protects you from your spouse’s debts: Without a prenup, you could be on the hook for debts your spouse acquired before marriage. A prenup can specify that each spouse is responsible for their own premarital debts.
  3. Avoids long, costly legal battles in divorce: By spelling out how things will be divided in advance, a prenup can help you avoid a drawn-out, expensive court battle if you do split up. You’ve essentially decided how to divvy things up while you still like each other!
  4. Fosters financial transparency: The process of drafting a prenup requires both partners to fully disclose their finances to each other. This transparency sets a solid foundation of trust and openness around money matters as you enter the marriage.
  5. Allows you to override state law: Each state has its own laws about how property is divided in a divorce. In New York, the law provides for “equitable distribution” of marital assets, which may not be a 50/50 split. With a prenup, you and your partner get to decide what feels fair to you, rather than being at the mercy of state law.

Cons

  1. Can be emotionally taxing: Let’s face it – talking about what will happen if you divorce before you’ve even said “I do” can put a damper on your engagement bliss. It requires you to have some difficult, often uncomfortable conversations about money and the potential for your marriage to fail.
  2. May indicate a lack of trust: Some people feel that wanting a prenup suggests that you don’t fully trust your partner or have faith in the marriage. It can send the message that you’re already thinking about divorce.
  3. Can be costly: While a prenup is likely to save you money in the long run if you do divorce, the upfront cost to have the agreement professionally drafted can be significant. Attorneys typically charge by the hour, and you’ll need to hire separate attorneys to represent each of your interests.
  4. Doesn’t account for changes in circumstances: A prenup is drafted based on your current financial situation. But a lot can change over the course of a marriage – you could have children, switch careers, inherit money, develop health issues. Your prenup may not account for those changes and may need to be updated.
  5. May not be enforceable: While courts generally uphold prenups, there are some circumstances in which a prenup may be deemed invalid, such as if it wasn’t signed voluntarily, contains false information, or is extremely unfair to one spouse. If your agreement is thrown out, you’re back at the mercy of state law.

Do You Need a Prenup?

So now that you know the basics of prenups, the million dollar question is – do you and your partner need one? The answer is…it depends. Every couple‘s situation is unique, but here are some scenarios where a prenup may be particularly beneficial:

  • One or both of you is entering the marriage with significant assets or debts
  • One or both of you owns a business
  • One of you plans to quit your job to raise children
  • You have children from a previous marriage and want to ensure certain assets are preserved for them
  • One of you expects a large inheritance
  • You have vastly different income levels or financial philosophies

Ultimately, the decision to get a prenup is a deeply personal one that you and your partner will need to make together. It‘s not about planning for your marriage to fail – it‘s about being proactive, communicating openly about your finances, and protecting yourselves and your assets just in case.

How to Get a Prenup in NYC

If you’ve decided a prenup is right for you, it’s crucial that you do it right to ensure the agreement is legally valid and enforceable. Here are the key steps to getting a prenup in New York City:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  1. Each hire your own attorney: Prenups are complex legal documents. To ensure your rights and interests are fully protected, you and your partner will need to be represented by separate attorneys. If you use the same attorney, a court could find that the agreement is invalid due to a conflict of interest.
  2. Fully disclose your finances: For a prenup to be enforceable, both parties must fully and accurately disclose all of their assets, debts, and income. Failing to disclose or providing false information can invalidate the entire agreement. Your attorneys will guide you through the disclosure process.
  3. Negotiate the terms: With the help of your attorneys, you and your partner will negotiate the specific terms of your prenup. This can involve some back and forth until you reach an agreement you’re both comfortable with. Be prepared to compromise.
  4. Put it in writing: Your attorneys will draft the written prenuptial agreement, ensuring it complies with New York law. They’ll also make sure the language is clear and unambiguous to avoid any confusion or misinterpretation down the road.
  5. Review and sign: Once the prenup is drafted, carefully review it with your attorney to make sure you fully understand and agree to all provisions. If you’re happy with it, you and your partner will sign the agreement in front of a notary public. In New York, a prenup must be signed at least 60 days before the wedding to be considered valid.

It’s important to start the prenup process well before your wedding date to ensure there‘s enough time to properly negotiate and draft the agreement. Trying to rush it through at the last minute increases the risk of mistakes and the prenup being challenged in court.

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