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Manhattan prenup agreement lawyers

Many marriages are established on profound love, but they can still end in divorce after months, years or decades. While you may hope for the best possible outcome when you are preparing to get married, it makes sense to also plan for a worst-case outcome. A divorce can be emotionally stressful, and it also has a substantial impact on your finances, your living situation, your lifestyle, your children from the marriage and more. A prenuptial agreement is commonly associated with individuals who have extreme wealth, but the reality is that many people at various income brackets could benefit from this type of agreement. Some people may hire a prenup agreement lawyer in Manhattan before getting married in order to draft the agreement. Others may need assistance as a marriage is falling apart to enforce the terms of the agreement or to otherwise nullify them in some way.

If you are preparing to enter into a traditional or same-sex marriage, you should understand what a prenup agreement is and how it can benefit you. It often includes terms related to the division of assets in the event of a divorce as well as an agreement regarding spousal support payments. Some prenuptial agreements specifically have clauses and nuances regarding adultery, abuse and more that could impact the marriage and result in its demise. These clauses may even discuss the guardianship or custody of children from the marriage. You can see that there is a lot at stake when negotiating the terms of a prenuptial agreement before a marriage. At this stage in a relationship, the couple is typically perfectly content, and trust is strong. The realistic possibility of a divorce can seem remote, and an individual may be willing to agree to terms that may not be in his or her best interest. It can be difficult to plan for a worst-case scenario at this stage in a relationship, and this is one of the reasons why both parties should be represented by their own prenup agreement lawyers in Manhattan when the agreement is being negotiated and finalized. It makes sense to have an attorney review the final agreement before signing it. Because an attorney can only legally represent one of the parties, avoid using the same attorney that your partner is using for this purpose.

In the event that your marriage is on the brink of divorce or if divorce proceedings have already been initiated, you should consider hiring an attorney to review your agreement and to explain your rights and obligations based on this agreement and the circumstances surrounding the divorce. Some individuals believe that their rights are impaired, such as if they have committed adultery. However, the agreement may be written in such a way that there are loopholes or contingencies. The question of whether adultery was committed may also come into question. In some cases, both parties have violated the terms of the agreement, and the agreement could be nullified altogether. Another possibility is that the agreement did not specifically or clearly cover a detail that is not affecting the case, such as the custody of children. In this case, hiring a prenup agreement attorney who has experience with divorce case representation, child custody issues and other related matters may also be beneficial to you.

Keep in mind that some attorneys only specialize in drafting and reviewing prenuptial agreements. They will not assist you with post-nuptial issues or representation with any aspect of the divorce at the end of your marriage. It may be helpful for some people to work with the same attorney throughout all potential stages. With this in mind, hiring an attorney who specializes in more than the development a prenuptial agreement may benefit you in the long run.

Regardless of the size of your bank account or the value of your assets before the marriage, it may make sense to sign a prenuptial agreement. After all, this agreement can also cover spousal payments, custody and other matters. It may take several weeks or longer to successfully draft, negotiate and review the terms of this type of premarital agreement. Because of this, you should consider hiring your attorney and beginning the process well ahead of your wedding date.

by Leonard on Spodek Law Group
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Astoria, NY 11106

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