Prenuptial Agreement and Pre-Marital Agreement in New York

Now more frequently than ever, parties are using Prenuptial Agreements (or Pre-Marital Agreements) prior to getting married.

The purpose of these agreements is to keep separate property from becoming marital property. Also, there can be provisions related to spousal maintenance (formerly known as alimony). As I have described HERE, marital property is divided in a divorce and separate property is not.

When getting married, if there is a likelihood that you will have a substantially higher income than your spouse or if you already have assets (such as a house, retirement, pension or investments) that you want to remain separate, a prenuptial agreement should be strongly considered.

However, in the event of a divorce, under New York Law, prenuptial agreements can be challenged be for a variety of reasons including fraud, duress,  over reaching and fairness. Therefore, it is important to have an experienced attorney create one for you and well in advance of your wedding, if possible.

Likewise, if you are now going through a divorce and have a prenuptial agreement that you believe should not be followed or alternatively should be enforced, you should hire an attorney that has experience with litigating prenuptial agreements. Our firm has experience in litigation on prenuptial agreements for both defending them and overturning them.

New York Divorce Law is complicated so you should meet with an experienced divorce lawyer – even if you think your divorce will be easy or straightforward. The Underwood Law Firm is one of the few Syracuse Divorce Lawyers in the Syracuse area that offers free consultations on Divorce & Family Law so that everyone has an opportunity to speak with an experienced attorney about their case.

The Underwood Law Firm handles all aspects of family law including prenuptial agreements, child custody, child support, separation, adoption and divorce cases in the following areas: Syracuse, Utica, Albany, Watertown, Oswego, Binghamton; Onondaga County and Madison County, including the towns, cities and villages of: Fayetteville, Manlius, DeWitt, Morrisville, Cicero, Liverpool, East Syracuse, Syracuse, Baldwinsville, Camillus, Clay, Fabius, Elbridge, Geddes, Jordan, Lafayette, Lysander, Marcellus, Minoa, North Syracuse, Otisco, Pompey, Salina, Skaneateles, Spafford, Tully, Van Buren, Eaton, Cazenovia, Canastota, Brewerton, Solvay, Central Square, Cato, Chittenango, Oneida and many other areas.

Updated: 1/2/18