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Prenuptial Agreements

Prenuptial Agreements

Prenuptial Agreements, also known as a “prenup”, are premarital contracts between prospective spouses who are contemplating getting married. These contracts define the property rights of each of the prospective spouses during marriage and in the event of death, separation or divorce. A Prenuptial Agreement becomes effective upon marriage.

Domestic Relations Law Section 236, Part B, (3) states that such agreements include the following subject matters: "(1) a contract to make a testamentary provision of any kind, or a waiver of any right to elect against the provisions of a will; (2) provision for the ownership, division or distribution of separate and marital property; (3) provision for the amount and duration of maintenance or other terms and conditions of the marriage relationship, subject to the provisions of section 5-311 of the General Obligations Law, and provided that such terms were fair and reasonable at the time of the making of the agreement and are not unconscionable at the time of entry of final judgment; and (4) provision for custody, care, education and maintenance of any child of the parties.

Get Help to Protect Your Future

The drafting an agreement that contains the provisions which appropriately protect your future assets can be very complicated. Let matrimonial attorney Ingrid Gherman put her extensive experience drafting prenup agreements to work for you. You can arrange a consultation with Ingrid by calling (212) 941-0767 or you can send the on-line form.

Prenups and Child Custody

A prenuptial agreement is not required in New York State, but a couple may execute one if they wish. The prenup can provide for any ownership and division of assets and allocation of debt upon a divorce; and can provide for no maintenance, or a set amount of maintenance, upon a divorce. A premarital agreement can also help to shield one spouse from the debt of the other spouse. While a prenup can set forth the parties’ desired arrangements with respect to custody and child support, the New York Court has the duty to make sure that such arrangements are "in the best interest of the child” and a Court will not enforce any child custody or support agreement that it finds is not best for the child or children. Prenuptial agreements must be in writing, signed, and acknowledged in a specified manner.

Experienced legal assistance

As family law attorney with over thirty years helping clients fashion and obtain equitable and fair agreements that protect assets and rights in the event of a separation or divorce, Ingrid Gherman can help you.  She understands that it is the job of a prenup lawyer to carefully know your situation and goals in order to draft an agreement that satisfies your terms. Knowing that prenuptial agreements are essentially contracts between prospective spouses who are contemplating to be married, Ingrid has the expertise to obtain your prenup through sensitive negotiation. After all, these contracts will define the property rights of each of the prospective spouses during marriage and in the event of death, separation or divorce. Premarital agreements can also define desired arrangements with respect to custody and child support. However the New York Court has the duty to make sure that such arrangements are in the best interest of the child.  Because Ingrid Gherman is a highly knowledgeable and experienced divorce and child custody attorney, she is in a unique position as to get you the most effective prenup possible. To set up a consultation with Ingrid, call (212) 941-0767 or send the convenient on-line form.

For more information about marital agreements

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