Orange County Prenuptial Agreement Lawyer
Responsible people buy life insurance, although they don’t want, or expect, to die early. Similarly, responsible spouses should at least consider premarital agreements, even though they don’t want, or expect, to get divorced. These pacts do more than settle complex issues in advance. In many cases, they strengthen marriages. Money is the leading cause of marital discord. A prenup often removes money from the equation, so it doesn’t have a chance to poison your relationship.
The experienced Orange County prenuptial agreement lawyer at The Law Office of Robert Sunshine is dedicated to making your family stronger, no matter what form your family takes. Prenups are a way to reduce costs, prepare for the unexpected, and preserve civility in an uncivil environment. Everyone, whether they are married or divorced, wants these things. So, in as little as one office visit, or professional team crafts an enforceable premarital agreement that sets your future marriage on a strong foundation.
Making a Prenup
We mentioned financial issues above, and these provisions often form the bulk of a prenuptial agreement in New York.
These provisions often include marital/nonmarital property designations. These designations are important, because these classification matters are very time-consuming during divorce proceedings. Additionally, prenups often include property management provisions, so it’s clear who has the right to make what decisions.
Spousal support limits are common as well. Frequently, we include stair step provisions in these prenups. The longer the marriage lasts, the looser the limit becomes. This arrangement eliminates the “golddigger” objection to many marriages, and rewards spouses for sticking it out as long as possible.
New York is one of the only states that allows spouses to include child custody and child support provisions in prenups. These provisions are usually enforceable, as long as they are in the best interests of the children.
Emotionally, prenups usually include provisions about inheritance and succession matters. Legally, divorce is like death. Children from a prior marriage might lose their succession and inheritance rights. Frequently, business owners and other property owners intended a different result. Prenups, in concert with wills, trusts, and other executory documents, make your wishes clear.
In sum, if you have been married before, you should at least talk to an Orange County prenuptial agreement lawyer about such an agreement.
Breaking a Prenup
No contract is ironclad, and prenups are no exception. Although the law strongly favors agreements between the spouses, whether they were made before or after the marriage, successful challenges to prenups are possible. The grounds in New York include:
- Duress: Mere pressure to sign doesn’t constitute duress. A “sign or else” ultimatum might not be enough either. Generally, duress means physical pressure (“you’re not leaving the room before you sign”) or extreme pressure (Husband springs a prenup on Wife as guests are arriving).
- Fraud: If one spouse withheld important financial information, the agreement was involuntary, because the other spouse didn’t know what s/he was signing. Some courts impose an additional requirement, which is that the withheld information was unavailable from any other source.
- Unconscionable: There’s a difference between uneven and unconscionable. Additionally, the challenging party must prove the agreement was unconscionable when it was made. For example, stock certificates may be extremely valuable one day and practically worthless the next day.
Most prenuptial agreements include severability clauses. If a judge invalidates one part, the remainder is still in effect.
Contact a Diligent Orange County Prenup Agreement Lawyer
Family law matters almost always involve emotional and financial issues. For a confidential consultation with an experienced Orange County prenuptial agreement lawyer, contact The Law Office of Robert S. Sunshine, P.C. We routinely handle matters in Rockland County and nearby jurisdictions.
