Buffalo, New York
Those who are married or about to marry should always consider how they will manage their finances together. Speaking with an attorney about the specific steps they may take now to ensure any future distribution goes properly can help them avoid future problems.
Our team of Buffalo prenuptial agreement attorneys is available to speak with you and provide you with suggestions on how to carry out a marital plan that satisfies your needs.
If you are preparing to marry, you should consider the best way to protect your assets and future family. In the state of New York, creating a prenuptial agreement that is legally sound is one way to go about it. Given that financial issues are a factor in more than half of divorce cases, a strong prenuptial agreement may even help to lessen marital conflict.
A prenuptial agreement is a very unique and personal contract. Therefore, it is advantageous to hire a seasoned matrimonial attorney who can assess all of the marriage’s potential financial and legal ramifications, as well as your particular situation.
Our Buffalo matrimonial attorneys are experienced and capable of drafting your prenuptial agreements. They have a deep understanding of New York State family and matrimonial laws and will ensure that your rights and best interests are maintained throughout the formation of your marital agreement. With many years’ worth of collective family law experience throughout our firm, Tully Rinckey brings both the dedication and experience needed to meet your current and future goals.
A prenuptial agreement, often referred to as a “prenup,” is made prior to marriage when a couple is ready to start a new chapter in their lives, and it takes effect once the couple gets married. Prenuptial agreements are crucial for couples who wish to protect themselves and plan for the future, despite the negative connotations that are frequently attached to them.
New York is known as an “equitable distribution state.” In the event of a divorce, the court will often decide how to divide the property in a way that it deems to be equitable to both parties. However, having a prenuptial agreement relieves the court of many tasks. Instead, having a plan in place ahead of time ensures that the assets are distributed equitably according to your previous agreement.
It is important to note, however, that prenuptial agreements cannot address matters relating to child support or custody issues.
You can alter a prenuptial agreement to fit your unique circumstances. Prenuptial agreements frequently address the following issues:
A prenuptial agreement is unable to waive a couple’s rights to child custody or maintenance. The needs and best interests of the child are always taken into account when determining child custody, maintenance, and visitation.
Similar to other contracts, there are formal requirements that must be met in order for a contract to be recognized by the courts as valid and enforceable. Due to the complexities, it is strongly advised that you work with a prenup lawyer who may be able to analyze your agreement and ascertain its legality.
While prenuptial agreements are enforceable once signed, there are some issues that could arise after signing that could invalidate your agreement. Below are a few of the most common reasons why a court may invalidate a prenuptial agreement.
While it’s not an exhaustive list of reasons that a court might invalidate your prenuptial agreement, knowing the cases where it will and won’t result in an invalidation can help protect your well-being should your relationship not work out.
With your financial future at stake, it might be worth working with an experienced divorce attorney who can best protect your assets and future. Our matrimonial attorneys routinely assist families across Buffalo and Western New York and have helped many individuals navigate the complexities of New York State’s marriage laws.
To schedule an initial consultation with a member from our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com
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