Prenuptial Agreements

When two people decide to say “I do,” they enter the marriage with many things including property, money, jewelry, art, etc. Couples who want to protect items from becoming “ours” can sign a prenuptial agreement. This document, drafted by an experienced matrimonial lawyer like Jonathan D. Katz, will outline the items that will be exempt from becoming marital property should the marriage ever dissolve. A prenuptial agreement is drafted prior to exchanging vows. A post-nuptial agreement acts much in the same fashion as a prenuptial agreement, however, it is drafted after the marriage is in effect.

If you are getting married or are already married and want to enter into a pre- or post-nuptial agreement in Ulster County, NY, including Highland, Saugerties, New Paltz and Rochester, you can rely on Mr. Katz to draft an agreement that you can both sign and live with — hopefully forever.

Contrary to what you may think, prenuptial and post-nuptial agreements are not just for the rich and famous. For example, if you are in possession of a family heirloom, whether it is financially valuable or not, it’s understandable that you would want to protect it from leaving your family.

Further, these contracts do more than just protect one party’s assets in a divorce. They can also serve to protect each party from being held responsible for the other’s liabilities. This important factor is commonly overlooked.

Engaged couples often undergo premarital counseling with a member of the clergy or a marriage and family counselor. In many ways, discussing legal matters with an attorney is a very similar step to ensuring a healthy start to the marriage. If you or your fiancé are wondering whether a prenuptial agreement is right for you, contact the family lawyer Jonathan D. Katz to schedule a consultation regarding how a prenuptial agreement can help clarify the division of assets and debts in the event of a divorce.

Of course, no one preparing for marriage wants to even think about divorce. However, in much the same way that we purchase auto insurance with the sincere hope we never have a major car accident, a prenuptial or post-nuptial agreement is similar to an insurance contract which will protect you and your children in the event the marriage dissolves.

If you have decided that a prenuptial agreement is right for you, an attorney with experience in all aspects of family law will guide you through the process to ensure that the agreement will be enforceable, that assets are not hidden and that the full disclosure of assets and debts is documented along with the signatures. For a prenuptial agreement to stand up under future scrutiny, it is also important that neither member of the engaged couple be pressured or forced to sign. That’s why a prenuptial agreement signed on the day of the wedding may not be enforceable.

To be considered a valid prenuptial agreement, these general factors must be present:

• Both parties are required to have legal representation or waive representation
• The agreement must be executed well in advance of the marriage date, typically six months
• The agreement cannot be grossly unfair or ignore the civil rights of one party
• The agreement can only cover specified personal property possessed by the parties prior to the marriage
• Both parties must negotiate the agreement in good faith
• The agreement cannot be signed under any emotional or physical duress

Sometimes long-range financial goals can be articulated through a will instead of, or in addition to, a prenuptial agreement. Mr. Katz can assist you with any life planning issue, including prenuptial and post-nuptial agreements, a living will or a will. The legal professionals at the law offices of Attorney Jonathan D. Katz have extensive experience on both sides of the prenuptial litigation. We know what judges expect when reviewing the validity of an agreement and what strategies are effective for having the provisions overturned, in total or in part.

If you or someone you know is getting married in Kingston, New Paltz, Poughkeepsie, Woodstock or anywhere else in Ulster County, NY, contact an attorney who is extremely knowledgeable about prenuptial and post-nuptial agreements as well as divorce related modifications. Whether you are attacking or defending a pre-nuptial agreement, put Mr. Katz’s knowledge of the Ulster County, NY Family Court system to work for you.

Contact us calling (845) 328-2159 or toll-free (866) 843-6388 or fill out the online contact form to schedule your consultation with Jonathan D. Katz.