Prenuptial Agreements in Suffolk County

Suffolk County Family Lawyers

Marriage is full of promise for the future. Rarely are people thinking about financial issues and what happens if the marriage ends in divorce. A prenuptial agreement, if drafted properly, can protect each of the spouse's rights and avoid much confusion and tension.

If you are thinking about entering a prenuptial agreement or your intended spouse has informed you that they are having a prenuptial agreement prepared, you need an experienced prenuptial agreement attorney who can ensure that your rights and wishes are well represented.

Family Attorneys in Suffolk County

At the office of Kuhn & Sandler, PLLC, we are experienced in drafting prenuptial agreements. We work closely with our clients to ensure that their needs are met and their concerns are addressed. We are committed to providing ethical and high quality service. The quality of service we provide is evidenced by the clients we have and the people who refer clients to the firm - including judges, attorneys, CPAs, business owners, doctors, teachers, police, firemen and homemakers.

Often the idea of having a prenuptial agreement is distasteful. Most people getting married are in love and feel that entering into a prenuptial agreement means that there is no trust. In reality, discussing each party's financial and economic wishes often builds more trust between the two parties. It can also eliminate much of the confusion or tension that occurs in the event of a divorce or legal separation.

A prenuptial agreement can clearly define how marital and separate property and possessions will be divided if the marriage ends as a result of divorce or death.

Prenuptial agreements can also be used to agree upon other family obligations such as:

• Ownership and the right to pensions and retirement funds
• Protecting estate rights for children
• Protection of appreciation of assets during the marriage
• The ownership of real property, bank accounts and businesses owned by either or both spouses together
• Alimony or maintenance

New York has strict rules regarding prenuptial agreements which must be followed in order for the agreement to be enforceable. If you are contemplating entering into a prenuptial agreement or if you have either been given a prenuptial agreement to review by your intended spouse, or they have informed you of their intent to have one drafted, our firm can help.

Challenge the Validity of a Prenup

Although prenuptial agreements are assumed to be enforceable, you or your partner can contest their legality for a variety of reasons, including:

• Separate Lawyers – If you're going to enter into a prenuptial arrangement, you and your partner can have separate attorneys. If you don't have different lawyers, the court may scrutinize the prenuptial arrangement for unfairness and might decide not to impose it.

• A judge can not uphold a prenuptial arrangement if you or your partner refuse to declare your assets honestly or if you cover your assets.

• If you or your partner uses intimidation or duress to get the prenuptial agreement signed, or if you or your spouse may not allow the other adequate time to accept the prenuptial agreement, the court will not impose it.

• Unfair and inequitable – the court does not uphold the prenuptial arrangement if it benefits you or your partner disproportionately, such as by leaving the other spouse with none.