Westchester County Lawyers Create Sound Prenuptial Agreements

Experienced White Plains attorneys help to protect clients’ assets

Prenuptial agreements give people planning to marry the ability to protect their assets in the event they later divorce. Though some prospective spouses are wary of the awkwardness that discussing a premarital agreement might bring, both parties can benefit when the document is prepared correctly. Carton & Rosoff PC in White Plains has extensive experience with all aspects of New York family law and advises clients on premarital agreements as well as postnuptial documents that are completed after the marriage has occurred. If you and your spouse executed an agreement and your marriage is now ending, we can determine if and how the agreement applies.

Advisers offer personalized guidance on prenuptial and postnuptial documents

No one can completely alleviate the stress associated with a marriage that might be headed for divorce, but a strong, enforceable prenuptial or postnuptial agreement can give spouses:

• Financial protection —During a divorce, marital assets are divided between the parties. Should the matter go before a judge, he or she decides what is “fair” under New York’s equitable distribution law. This decision might not reflect reality, however, and property owned before marriage could be incorrectly included within the marital estate. Creating a fair, complete premarital agreement allows each side to state specifically what is theirs prior to the wedding so that costly mistakes don’t occur.
• Control — It’s your marriage, and you are entitled to establish ground rules and priorities rather than surrendering control to an outsider. A strong prenuptial agreement empowers couples and triggers important discussions whether they end up using the document or not.
• Security — Wondering about spousal support determinations and other marriage dissolution terms could keep someone trapped in a difficult relationship or create doubts regarding one’s future. By setting forth clear guidelines about what will happen, you can make important choices without unnecessary guesswork.

Even if you’re not wealthy, the process of preparing a comprehensive prenuptial agreement can be quite complex. If a challenge or issue arises that isn’t properly addressed in the document, the agreement might unenforceable. Since 1988, we have been serving New York clients by helping them create effective prenuptial and postnuptial agreements and are ready to help you do the same.

New York litigators work to enforce and challenge premarital agreements

Standard contract principles apply when someone seeks to enforce a prenuptial agreement in New York, so it’s important for the documents to be developed carefully and written clearly. If you are going through a divorce in which a premarital agreement was executed, our experienced family lawyers assess if questions regarding fraud, capacity, duress or error might create obstacles to enforcement. Substantial changes in circumstances or fairness might lead a judge to reject or modify terms pertaining to issues such as alimony or child support. We represent spouses who seek to enforce and challenge previously executed documents so that they can protect their interests and avert unnecessary expense.

Contact a knowledgeable New York lawyer about preparing a prenuptial agreement

Carton & Rosoff PC advises clients in Westchester County and the surrounding area on the drafting, negotiation and enforcement of prenuptial agreements. Please call 914-949-6700 or contact us online to schedule a consultation at our White Plains office.