Manhattan Prenuptial & Postnuptial Agreement Attorney

A New York Law Firm Proudly Providing Legal Guidance to Clients Interested in Prenuptial and Postnuptial Agreements

You may think it strange to be discussing prenuptial or postnuptial agreements when you are in the midst of planning a marriage. However, it is always better to prepare for the worst. Whether you are thinking about getting married or deciding to separate in a divorce, you will need to have professional aid in drawing up or implementing a marital rights plan. Prenuptials and post-nuptials are crucial support systems that help safeguard the rights of your property and finances.

Here at the Law Office of Julio E. Portilla, P.C., our Manhattan prenuptial and postnuptial agreement attorney is determined to help secure stability for you, even if you have to face any unfortunate but necessary dissolution of a domestic or marital relationship.

Call us today at 917-924-9790 to get sensitive, empathetic advice for all your questions about marital agreements.

What Are the Benefits of Prenuptial and Postnuptial Agreements in New York City?

The Law Office of Julio E. Portilla, P.C., has extensive experience in drawing up the full range of marital agreements, including prenuptial and postnuptial agreements. A key objective of a prenuptial or postnuptial agreement is to establish what assets will never become marital property for division by a court at a future date. These agreements override statutory estate rights and statutory requirements for beneficiaries on various accounts to which a spouse would otherwise be entitled. These agreements include all of the items that would be addressed in a separation agreement or divorce action.

While any couple could potentially benefit from creating a prenuptial or postnuptial agreement, these marital contracts are especially useful for certain couples and individuals.

Those who would particularly benefit from prenuptial or postnuptial agreements may include the following:

Couples with complex business interests or business investments
High-net-worth individuals
Individuals who are seeking to incorporate personal property into their estate plans
Parents who want to distribute separate property to children from a previous relationship or marriage
Partners who wish to establish what is considered marital property and what is not for the purposes of the equitable distribution of assets
Spouses who expect a large inheritance is on the way
Those who wish to avoid conflict if their marriage ends

It is important that both you and your future spouse are allowed to make informed decisions about your shared or separate financial interests. We must advise that you each hire your own attorney to represent your interests in these complex legal matters. Our full-service law firm is well-versed in New York State laws and can be valuable to you throughout the legal process. To learn more, please schedule a free, no-obligation case evaluation with our legal team today.

What Are the Key Differences Between Prenuptial and Postnuptial Agreements?

There are different types of marital or domestic arrangements that you need to consider.

Two of the most common and significant ones include:

Prenuptial Agreements: It may seem that thinking about divorce, even in the midst of planning a wedding, seems absurd. However, in the unfortunate event that the bonds of your marriage are eventually forced to be broken, having a “prenup” can protect and secure your finances while simultaneously avoiding painful and extensive litigation, deep monetary losses, and intense emotional disputes with your spouse.
Postnuptial Agreements: The way that these contracts work is that they are actually processed by couples who are already married. Like prenuptial agreements, the pair of individuals will work closely with our experienced attorney to first draft and then negotiate the details of what will happen in the event that a divorce must take place.

For assistance in selecting the correct legal contract that suits your needs and your financial future, please contact our law firm to schedule a free case review with the attorney and his legal staff.

What Can Be Included in a Prenuptial or a Postnuptial Contract?

Several aspects must be considered when drafting your prenuptial or postnuptial arrangements.

Some of the circumstances that you should be thinking about include:

Determining Processes for Pre-Marriage Debt: In the scenario that either you or your partner is bringing, or has brought, a great amount of debt into the marriage, you will need to decide whether the debt will be portioned to the partner who brought it in, or whether it will be divided.
Decide on Property Division During a Divorce: Couples have the option to use a prenuptial agreement to protect certain assets or properties in a divorce. For example, you may want to protect a certain family business from the divorce, or you can agree on how certain assets will be divided. Having a marital agreement can simplify the property and asset division process.
Deciding Maintenance Agreements: You and your spouse need to determine a maintenance plan that will provide for you if the marriage is disrupted or dissolved. Particularly if you are forced to abandon your career to take care of children, you and your partner will need to know what kind of alimony or support could be provided.
Establishing Care and Support for Children from a Previous Marriage: Many times, partners come to a marriage where one or both spouses have minor-aged children. In this event, it is important to establish how these children will also be supported, in addition to the children you and your partner may have.

Perhaps the most common elements of proposed prenuptial or postnuptial agreements are sections addressing marital property for the division of assets in a divorce and establishing outlines for spousal support or alimony.

What Cannot Be Included in a New York City Prenuptial or Postnuptial Agreement?

While prenuptial and postnuptial agreements can include a wide range of requests and conditions, certain things are prohibited by law.

Some things that cannot be included legally in a marital agreement include:

Child support or child custody matters – Courts must approve of these issues to help ensure that the child’s best interests are included.
Unfair provisions – If there is anything that appears extremely one-sided to one party, this could be a sign of exploitation and may not be enforced by the courts. An example would be forcing the other spouse to divide an inheritance during divorce, or completely waiving alimony that would leave one spouse in poor financial condition.
Illegal terms – Parties may not include any provisions that require their spouse to commit an illegal act.
Non-financial requirements – Spouses cannot make requests or stipulations about things such as weight gain, clothing, sexual relations, or anything regarding physical appearance.

Do Marital Agreements Simplify the Divorce Process?

A prenuptial agreement or postnuptial contract helps smooth out difficulties in family law matters, particularly in instances of divorces or legal separations. Without a prenuptial agreement in place, the divorcing spouses will be expected to reach an agreement on the distribution of assets while they are going through one of the most emotionally devastating moments of their adult lives. Often, this is too much to ask, and negotiations between the divorcing partners can devolve into conflicts and disputes. When a marriage contract is in place, the divorcing parties can be assured that important terms of the divorce settlement have been worked out already while the couple was in a more agreeable and compromising mood.

If the divorcing spouses are unable to reach an agreement during divorce proceedings, family court intervention is often required. In such cases, it will no longer be up to the partners to determine how assets are distributed or alimony is awarded. Instead, a judge will make these important decisions.

If you want to avoid conflict and ensure that you and your spouse make important decisions about your marriage, consider the many benefits of creating a prenuptial or postnuptial contract. Contact our Manhattan office to speak with the attorney and his legal team today.

What Are the Legal Requirements for Prenuptial and Postnuptial Contracts in NYC?

Postnuptial agreements must meet certain legal requirements to be considered enforceable in New York City.

All marital agreements must incorporate the same set of requirements, including the following:

Both future spouses must offer full financial disclosures.
Both spouses must sign the marital contracts of their own volition. Neither spouse can be coerced or deceived into signing the contract.
Each spouse must have their own attorney representing their rights and responsibilities.
The legal contract must be in writing and signed in person by both parties.
The marital contract must be considered fair and equitable in the eyes of the law.
The prenuptial and/or postnuptial agreement must be signed and notarized by a notary in order to establish that the contract is being signed by your own free will and not under duress.
There must be no example of fraud, such as refusing to disclose all assets or intentionally hiding assets.

There is no specific timeline for the preparation or enactment of prenuptial agreements. However, we must advise you to consider preparing the marital contracts as early as possible. We recommend considering signing a prenuptial agreement at least two months before the wedding day. After the paperwork has been signed, you and your spouse will be allowed to focus on your engagement, the wedding, and the life you intend to spend together.

What Factors Could Invalidate a Prenuptial Agreement?

Several factors could invalidate a prenuptial agreement.

If the court believes the agreement is unconscionable or grossly unfair to one party, it may decide not to uphold the contract. Similarly, if the argument contains unreasonable provisions, it may not be held up in court.
Both parties must ensure that their paperwork and documentation are filed correctly. If the prenuptial agreement was not properly executed, it may not be legally enforceable.
If one of the spouses was forced to sign the agreement under duress or coercion, the agreement should be thrown out. Similarly, any agreement that was made while one spouse was mentally incapacitated is likely to be unenforceable.
It is essential that both parties fully disclose all of their assets before signing any prenuptial or postnuptial agreement. If one spouse intentionally or unintentionally undervalues or fails to disclose assets, the marital contract may be rendered invalid.

Schedule Your Free Initial Consultation with Our Manhattan Prenuptial and Postnuptial Agreement Attorney Today

While some individuals or couples may benefit more than others, there are still several benefits to creating prenups and postnups that you may want to consider before it is too late. In recent years, prenuptial agreements have lost some of the negative stigma that followed them, and more couples can view the logic and reason behind signing such contracts. If you are still on the fence, contact our law firm to discuss your questions and concerns with our legal team. We would happily explain the benefits of entering into marriage contracts like prenuptial or postnuptial agreements.

At the Law Office of Julio E. Portilla, P.C., our highly experienced Manhattan prenuptial and postnuptial agreement lawyer is ready to help you with the entire complex process of coming up with a draft for your marital agreements, as well as alter or negotiate terms along the way.

Contact us at 917-924-9790 to receive counsel from a source you know you can trust to handle your case the right way. We offer free case consultations via phone and video chat.