Dividing a couple’s assets between the two of them is a large part of divorce proceedings. Often times, the spouses may have to go to court in order to determine which assets belong to whom. However, it is possible to avoid doing so if you are prepared early on. This can be done with the creation of a prenuptial agreement. While this is true, there are some cases in which these documents can provide a headache later on. This is why it is important to retain the services of an experienced New York divorce attorney when facing these matters.
What is a Prenuptial Agreement?
Simply put, a prenuptial agreement is a contract between two people before they enter their marriage. It outlines how the couple’s assets and debts should be divided amongst them if they decide to divorce in the future. The document can also include any alimony terms or other marital issues they may wish to address. Also known as a prenup, it is important that each spouse provides a copy of the agreement to their attorney after signing.
When is a Prenup Considered Official?
There are certain legal requirements that must be met when creating a prenuptial agreement. These are in place to ensure that the document is valid and can be used. The proper guidelines are as follows:
- It must be in writing
- It must include a full disclosure at the time of execution
- It must be notarized
- It must be fair and just for both parties
- It must be executed before the marriage
Contesting a Prenuptial Agreement
It is important to know that a prenuptial agreement can be contested during a divorce if it is believed to not meet the correct requirements. In doing so, the court considers different factors regarding the agreement. This can include the following:
- Whether the agreement was entered into voluntarily
- Whether the agreement is unconscionable
- Whether both spouses exchanged a complete disclosure of their assets and debts
- Whether each spouse had their own lawyer
When a person wants to contest their prenuptial agreement, it is important to bring a copy of it to their first meeting with a divorce attorney. This also includes facts that surround reaching and signing the agreement.
Contact our Firm
The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.