Pre-Nuptial Agreements or "Pre-Nups"

A Pre-Nuptial Agreement is in essence a contract between two individuals prior to their marriage to each other, within which there are provisions which specifically detail most if not all of their rights and obligations during the marriage and in the event of divorce, separation of death.

Standard clauses that are generally seen in Pre-Nuptial Agreements include protecting your assets acquired prior to the marriage, dividing assets and businesses during the marriage and also include a broad host of agreements between the parties such as how they intend to care for any children born or conceived during the marriage, alimony (now know as maintenance in New York) both during the litigation as well as after the Judgment of Divorce is granted.

Financial issues such as the amount of child support, amount of alimony, inheritance rights, life insurance, and interest in one party's pension by the other party.

You have a right to enter into a valid premarital agreemend provided that the agreement comports with NY's substantive and procedural fairness requirements. In a pre-nup the parties can agree to waive any estate or inheritance rights. Also, any pre-nup language contrary to public policy is void. Contract principles such as fraud in procuring the signature, fraud in the inducement, duress, and undue influence are used by NY courts to make sure the pre-nup is fair. And remember that the single most important consideration on the issue of voiding a pre-nup down the line in the event of a divorce is disclosure: full and complete disclosure means each party must advise and annex as an attachment to the pre-nup a listing of assets, property and finances. A fiancee may not want this to be detailed in written form, because it could be made public during a divorce. There are ways to get around the confidentiality concern. The agreement can be deemed unenforceable if the judge finds full disclosure was not forthcoming when the pre-nup was made. All disclosures should be made in writing to prevent any later dispute as to what they each disclosed. NY divorce lawyers should not be railroaded by a loving couple into representing both in the formation of a pre-nup: both parties should have independent counsel.

If you have significant assets, cash, property or a business, we highly recommend you speak with us before tying the knot. Hopefully you won't have to find out the hard way that untying the knot is a bit more difficult.