Queens Prenuptial Agreement Lawyer

A prenuptial agreement (or "prenup") is a legally binding contract that couples enter into before marriage to determine how their assets, debts, and other financial matters will be handled in the event of divorce or death. These agreements can be vital tools for protecting both parties' interests, particularly for individuals with substantial assets, business interests, or previous children. In New York, prenuptial agreements are governed by specific laws and statutes. Having an experienced Queens prenuptial agreement lawyer is essential to ensure the contract is valid and protects your rights.

A prenuptial agreement is a contract between two individuals before they marry, laying out specific terms regarding the division of property, spousal maintenance, and other financial aspects in case the marriage ends in divorce or separation. The agreement can also address issues such as inheritance rights, protecting one spouse from the other’s debts, and what happens to shared assets.

According to New York DRL § 236(B), the provisions of a prenuptial agreement will be upheld by the court during divorce proceedings as long as the agreement was entered into voluntarily, without coercion or duress, and with full financial disclosure. Additionally, the agreement must be fair and reasonable at the time it was created, and it must meet the formal requirements of a contract to be enforceable.

Under New York law, a prenuptial agreement must:

• Be in writing.
• Be signed by both parties before a notary.
• Contain full disclosure of each party's assets and liabilities.
• Be fair and reasonable at the time it was executed.

If a prenuptial agreement fails to meet these criteria, it can be challenged and potentially invalidated during divorce proceedings. This is why working with an experienced Queens prenuptial agreement lawyer is important to ensure the agreement is properly drafted and enforceable.

Property Division. One of the primary purposes of a prenuptial agreement is to establish how property and assets will be divided if the marriage ends. New York is an "equitable distribution" state, meaning that marital property is divided fairly but not necessarily equally between spouses. A prenup can override the default equitable distribution rules under DRL § 236(B) by specifying how property will be divided, which can provide clarity and protection for both parties.

For example, if one party owns a business, a prenup can ensure that the business remains separate property, protecting it from being subject to division in a divorce. Without a prenuptial agreement, the court could consider the increase in the value of the business during the marriage as marital property, subject to equitable distribution.

In Schlosser v. Schlosser, 219 A.D.3d 1455 (N.Y. App. Div. 2023), the parties were divorced, and a dispute arose over the distribution of proceeds from the sale of their marital residence. A prenuptial agreement between the parties specified that while marital property would be equally divided upon divorce, the marital residence was excluded from equal division. The agreement limited the defendant's share of the residence to $700,000 if the divorce occurred before the fifth anniversary of the marriage. The court upheld this provision, rejecting the defendant's claim that the residence was her separate property, and limited her award to $700,000, consistent with the prenuptial agreement.

Spousal Maintenance. Prenuptial agreements often address the issue of spousal maintenance (alimony). Under DRL § 236, the court has the discretion to award maintenance based on factors such as the length of the marriage, the parties' income, and their standard of living during the marriage. However, a prenuptial agreement can limit or eliminate the obligation to pay spousal maintenance, as long as it does not result in undue hardship for the other party.

For example, in Tamburello v. Tamburello, 85 N.Y.S.3d 199 (N.Y. App. Div. 2018), the plaintiff sought to enforce a prenuptial agreement, which included a waiver of spousal maintenance. The defendant challenged the agreement, arguing that it had been replaced by an affidavit of support related to her immigration status. The Appellate Division, on appeal from a judgment of divorce of the Supreme Court, Queens Count, ruled against the defendant, stating that the affidavit was not a contract between the parties but an obligation to the U.S. Government. The court upheld the prenuptial agreement and precluded the defendant from seeking to set it aside.

Debt Allocation. A prenuptial agreement can also specify how debts will be handled. This is particularly important if one party has significant debts, such as student loans or credit card debt. A prenup can ensure that one spouse is not held responsible for the other's debts if the marriage ends.

Inheritance Rights. Prenuptial agreements can protect the inheritance rights of children from previous relationships. Without a prenup, New York's intestacy laws (which govern the distribution of assets when someone dies without a will) may provide the surviving spouse with a large portion of the deceased's estate. A prenup can ensure that specific assets are preserved for children or other beneficiaries.

In order for a prenuptial agreement to be enforceable in New York, it must meet the legal requirements discussed above. Additionally, courts will closely examine the circumstances under which the agreement was signed. A prenup can be challenged on grounds such as:

• Coercion or Duress: If one party was pressured into signing the agreement, it may be deemed invalid. For example, if one party presented the agreement just days before the wedding and pressured the other to sign, a court may find that there was coercion.
• Lack of Financial Disclosure: If one party failed to fully disclose their assets or debts, the agreement could be invalidated.
• Unconscionability: If the terms of the agreement are extremely one-sided and leave one party in a significantly worse financial position, the court may find the agreement unconscionable and refuse to enforce it. For example, in Postiglione v. Postiglione, 125 A.D.3d 625 (N.Y. App. Div. 2015) the plaintiff sought to enforce a prenuptial agreement that included a waiver of spousal maintenance. The defendant challenged the agreement, claiming it should be set aside. However, the court found no evidence of fraud, duress, or unconscionability in the prenuptial agreement. It ruled that the agreement was fair on its face and enforceable under New York law. The court precluded the defendant from arguing that the prenuptial agreement was invalid, as her claims were legally unsupported, and upheld its terms regarding the waiver of spousal maintenance.

Consulting an experienced Queens prenuptial agreement lawyer is essential to ensure that the agreement is drafted properly and meets all legal requirements.

Prenuptial agreements can be modified or revoked after the marriage begins, but any changes must be made in writing and signed by both parties. Additionally, any modifications must meet the same legal requirements as the original agreement, including full financial disclosure and fairness. Consulting an experienced prenuptial agreement attorney in Queens can help ensure that any modifications are properly drafted and enforceable.

If a dispute arises regarding the enforceability of a prenuptial agreement, the matter will typically be handled in the Queens County Supreme Court, located at: 88-11 Sutphin Blvd, Jamaica, NY 11435. This court has jurisdiction over divorce and matrimonial matters, including disputes involving prenuptial agreements.

Prenuptial agreements are important tools for protecting assets, defining financial responsibilities, and ensuring clarity in case of divorce or death. To be legally valid and enforceable in New York, a prenup must meet specific legal requirements. The experienced prenuptial agreement attorneys serving Queens at Stephen Bilkis & Associates can assist with drafting, reviewing, or modifying your prenuptial agreement. Our team will aggressively protect your interests, ensuring that every aspect of the agreement is structured to safeguard your rights and complies with New York's legal standards

Call 800.696.9529 to schedule a free, no-obligation consultation. We can provide legal advice, represent you in negotiations or court, and help ensure that your rights and interests are protected throughout the process.