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 		  Prenuptial & Postnuptial Agreements
 
 

On average. 50% of all marriages will end in divorce in New York.

 

No one enters marriage anticipating a divorce, but you can take legal protection just in case. A prenuptial agreement is a contract made between prospective spouses in which they define their assets and property rights during marriage and in the event of death or divorce. This agreement becomes effective upon marriage. A postnuptial agreement is a similar contract but can be made effective when a couple is already married. An attorney in our Family and Marital Law practice can help you draft the proper prenuptial and postnuptial documents.

Call (518) 218-7100 or email

Prenuptial@tullylegal.com

 

Many couples have negative stereotypes regarding prenuptial agreements.

 

It is often difficult to bring up this topic with a prospective spouse because it may bring up emotions and feelings of mistrust. Others feel prenuptial agreements are only for the wealthy. No matter what your age or assets, it is better to prepare in advance than to end up in legal battles that cost thousands of dollars, unnecessary emotional distress and financial disarray. It is often wise to formulate a plan, especially if one or more of the spouses have children from previous marriages.   

A prenuptial agreement can be custom tailored to your needs and wants. All prenuptial agreements are not the same and they can be detailed or as general as desired.

 

Some of the more common purposes include:

 

-  Agree to property rights and ownership of property acquired after marriage

  -  Entitlement, or lack thereof,  to a prior or current estate/ inheritance 

  -  Set amount and duration of spousal maintenance in event of a divorce or separation

  -  Waive rights to spousal maintenance, equitable distribution or counsel fees in case of divorce or separation

  -  Pass on assets to children from a separate marriage in case of death    

A couple cannot waive rights in regards to children with a prenuptial agreement. Child custody, support, and visitation are governed by the child's needs and best interests. 

If you choose to draft your own agreement, it is important to have an attorney review the document to ensure its validity. In any contract, certain formalities are essential to be valid and enforceable by the courts. 

To speak with an attorney about prenuptial agreements please call our Matrimonial Law practice at (518) 218-7100. 

  
 

 
 
 

Tully, Rinckey & Associates, PLLC
Attorneys & Counselors at Law
ALBANY OFFICE  -  441 NEW KARNER ROAD - ALBANY NY, 12205 - PHONE: 518-218-7100 - FAX: 518-218-0496

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