Manhattan Prenuptial Agreement Attorney

While negotiating a prenuptial agreement may seem anti-marriage to a marrying couple, they are the intelligent choice for those wanting to protect their separate property during a marriage or in the event of a spouse’s divorce or death. At the Law Office of Vivien I. Stark, P.C., our prenuptial agreement attorneys assist clients throughout Manhattan and New York City in drafting, reviewing, and litigating prenuptial agreements.

Prenuptial agreements are not one size fits all. These are legal documents that vary as widely as the couples they represent. Some are simple and only a few pages, while other prenuptial agreements are complicated and extremely lengthy documents.

The prenuptial agreement attorneys at the Law Office of Vivien I. Stark, P.C. offer high-quality legal solutions and strategies to individuals seeking prenuptial agreements regardless of the size or complexity of those documents. Call our office today to schedule your case evaluation and consultation.

Our Manhattan prenuptial agreement attorneys are:

Skilled and confidential;
Thorough and precise; and
Knowledgeable in all areas of New York prenuptial agreements laws and procedures.

What Is a Prenuptial Agreement?

A prenuptial agreement is a written contract a couple enters into before marriage. In a prenuptial agreement, the future spouses make full financial disclosure to one another. This is followed by a setting forth of certain legal rights between the couple in the event of a death or divorce.

Prenuptial agreements can override many state laws in New York, including the division of:

Property;
Retirement accounts;
Savings; and
Inheritance.

Prenuptial agreements can also do the following between the couple:

Define separate, non-marital property;
Define marital property; and
Establish spousal support amounts during or after a divorce.

In New York, prenuptial agreements are enforceable so long as they protect both spouses and there is full and fair disclosure of all assets by both spouses. Any prenuptial agreement needs formal execution and acknowledgment to be valid.

New York does not permit prenuptial agreements to define child support issues or custody issues for children of the marriage. The court rules on, or the couple must agree on these matters, when a divorce or legal separation occurs.

Protecting Your Assets and Finances with a Prenuptial Agreement in Manhattan

Hiring a Manhattan prenuptial agreement to protect your finances and assets is crucial to ensure that you have a legally binding prenuptial agreement attorney. A prenuptial agreement can clearly define the assets and debts that are considered separate property and the ones that are considered community property. Protect your assets in the following ways by having a prenuptial agreement:

Protect your separate assets, such as gifts, inheritances, and trusts.
Protect your assets from claims from creditors or lawsuits.
Establishing protection for assets accumulated in the marriage by specifying how they should be divided in the unfortunate case of a divorce.
Protect your future assets by setting parameters for spousal support
Provide an outline of the division of future assets, such as stock options and employee bonuses and incentives.
Keep potential disputes and legal battles at bay in the event of a divorce.
Give both parties a voice in how assets and debts are distributed rather than leaving it in the hands of the court.

High net-worth individuals may benefit by alleviating the stress of protecting their business or assets before entering a marriage.

Why a Prenuptial Agreement Attorney Should Draft Your Documents?

The most challenging part of any prenuptial agreement is enforcement. Courts impose high standards on prenuptial agreements, and arrangements made without attorneys’ help are easily challenged. In fact, one of the first steps a judge will take when reviewing a prenuptial agreement is to see if both spouses used separate counsel.

Using attorneys from the same law firm or using one attorney is a conflict of interest when drafting a prenuptial agreement. Either of these actions could alert a judge to lack of disclosure, undue influence, duress, or coercion on the part of one spouse or the other.

At the Law Office of Vivien I. Stark, P.C., we craft prenuptial agreements that are:

Forward-thinking;
Detailed and address significant and minor property, assets, and debts;
Time resistant;
Accompanied by a complete disclosure of all assets, income, and debts of each spouse;
Free of administrative issues; and
Recorded in a way that meets the court’s standards for freedom from coercion.

While no one wants a divorce, a prenuptial agreement offers a great deal of protection in the event the parties decide to divorce. It also provides a firm foundation for financial management throughout the marriage by eliminating stress over most monetary disagreements.

Things to Avoid When Organizing a Prenup

A good prenuptial agreement will protect the couple’s assets in the case of a divorce. But, some mistakes can invalidate the whole thing. By using the Law Office of Vivien I. Stark, P.C., you can avoid the following errors:

Failure to Properly Sign and Execute your Prenuptial Agreement

Prenups are invalid if the designated procedures are not followed to the letter. Be sure that yours is signed and notarized as New York Law requires. Having an attorney walk you through the process and ensure everything is done to the letter can help you avoid the prenuptial being challenged for technical reasons later.

Withholding Information About Your Assets

For a prenuptial agreement to be valid, both parties must understand what they are potentially giving up. If you are not honest about your assets, the contract could be ruled invalid if there is ever a case to use it. Being upfront about your assets and debts is crucial to the success of your prenuptial agreement.

Not Hiring Separate Attorneys

Ethically, one attorney cannot advise both members of a couple in the case of a prenup. You both must be represented fairly and independently. Setting up a prenup can be expensive, but ensuring that your future spouse is properly represented will decrease the chances of a challenge later.

Prenups are challenged because they are not properly executed, are considered unconscionable, were coerced, or the person challenging it did not understand what they were signing. Having attorneys in place for both of you can ensure that the agreement is airtight.

Last Minute Prenup

Do not wait until days before your wedding to spring the idea of a prenuptial agreement on your fiance. This could cause your marriage to begin with a cloud over it if they feel they were suckered into a marriage, and things change just before tying the knot. Your future spouse may not have time to consider a prenuptial agreement thoroughly, and they may feel attacked.

Often emotions run high around weddings, so just before a wedding is not the time to decide on a prenup. You may find yourself with a spouse who is reluctant to sign the agreement, who cannot afford or be able to find representation at the last minute, and your fiance may decide to call the marriage off altogether.

Discussing a prenuptial agreement in advance of the wedding is key to having it go successfully. Your future husband or wife will have time to secure counsel and review the agreement and financial disclosures properly before signing them. Being rushed to sign an unexpected agreement may feel like coercion to your fiance.

Call a Manhattan Prenuptial Agreement Lawyer Today

Place your marriage on a strong footing by meeting with a Manhattan prenuptial agreement lawyer. The prenuptial agreement attorneys at the Law Office of Vivien I. Stark, P.C. can address your questions about prenuptial agreements in New York or help you identify issues to address in your prenuptial agreement.

Meet with a Manhattan divorce attorney at the Law Office of Vivien I. Stark, P.C. today. We handle both regular and high net worth prenuptial agreements.