Prenuptial Agreement Lawyer in New York City

A prenuptial agreement can be an important planning tool for couples that are poised to marry. Although many couples shy away from prenups or even view them as signaling the inevitability of a divorce, attorney Philip A. Greenberg knows from experience that a prenuptial agreement can be an extremely useful – and even vital – marriage tool.

Prenuptial agreements do not imply that you are expecting a divorce or expose flaws in your relationship. Rather, they provide an opportunity for couples to logically and maturely prepare for the future. Much like insurance, prenuptial agreements protect your assets. Based in New York City, the lawyer at Philip A. Greenberg, P.C., Attorneys at Law, has been helping clients prepare for marriage with prenuptial agreements for more than 40 years.

What A Prenuptial Agreement Can Do For You

There are a number of ways in which a prenuptial agreement can prepare you for and protect you in your marriage. For instance, with it:

• You can protect your children’s inheritance rights.
• You can limit your spousal support obligations.
• You can protect your business and other assets, such as pensions and real estate.
• You can protect your intangible assets, such as advanced degrees.
• You can become emotionally and financially prepared for your partner’s goals.
• You can answer some of the larger questions before they arise unexpectedly such as:
  • Will we have children?
  • If the situation arises, will our family relocate?
  • Who will work when we have children?
  • What religion will we practice in our home?

Although you might not immediately have all the answers to these questions, preparing and ultimately executing a prenuptial agreement can help you focus on and come to grips with them in a manner that provides for healthy disclosure and certainty in facing the future.

If you are already married, both New York and New Jersey allow postnuptial agreements under essentially the same terms as prenups.

Frequently Asked Questions About Prenuptial Agreements

Many people misunderstand the purpose and value of prenuptial agreements. Here are some answers to some important concerns:

What should be included in a prenuptial agreement to ensure it is enforceable in Manhattan?

To be valid, there are several conditions that a prenup must meet:

• The agreement must be in writing.
• Both parties must have signed the document, and the document must be notarized
• Both parties must have voluntarily and knowingly entered the agreement.
• Each party must have its own legal counsel review the agreement prior to signing.
• Each party must be transparent, fully disclosing debts, income, assets and liabilities.

Finally, the agreement must be fair and not attempt to address issues outside of its scope, such as custody of any children or child support. A lopsided prenup is unlikely to be enforced.

How can a prenuptial agreement protect individual assets in a New York divorce?

Prenuptial agreements are designed to override the state’s equitable distribution laws by private agreement. That allows couples to decide for themselves what assets – including business assets, collections, investments and real estate – will remain separate property and what will become marital property.

What are common misconceptions about prenuptial agreements?

One of the major misconceptions about prenuptial agreements is that they are a sign of a weak marriage or a lack of commitment, and that couples who have them are “planning for divorce”. However, a prenuptial agreement is a financial safeguard that can strengthen relationships. Spouses are expected to be transparent about their finances and financial expectations when creating a prenuptial agreement, which allows couples to remove any uncertainty around financial matters. The honesty and cooperation when creating a prenuptial agreement can bring couples closer together.

Another common misconception about prenuptial agreements is that they can determine child custody and support. The courts do not recognize any provisions in a prenuptial agreement regarding these issues. Child custody and support matters are always based on the best interests of a child.

Law, Medical And Other Degrees Are Considered During Property Division

Until recently, New York case law treated college, professional and other degrees as marital assets to be divided, even though a degree is an intangible asset that cannot be borrowed against or sold. If you married in the last couple of years or are getting married now, a degree earned during the marriage is no longer listed as a marital asset, but it can still be taken into account in dividing tangible marital property. However, attorney Philip A. Greenberg can devise a prenuptial agreement that protects your degree and your other assets.

Do Not Risk Mistakes In A Prenuptial Agreement – Work With An Experienced Lawyer

Prenuptial agreements act as insurance policies in the event that a couple’s marriage ultimately ends in divorce. When these documents are established improperly, it can create significant financial and emotional costs to both spouses. Whether you are getting married or have recently become married, Philip A. Greenberg, P.C., Attorneys at Law, can help you draft a prenuptial or postnuptial agreement that protects your rights and clearly outlines your and your partner’s wishes.

Contact attorney Greenberg today to speak with a lawyer who commands decades of experience in family law by calling 332-262-6760 or sending his office an email.