At KGG, our divorce and family law department uses its four decades of experience to safeguard your interests and advance your goals, with prenuptial, postnuptial and separation agreements.
You deserve the experienced representation of skilled prenup lawyers in New York and New Jersey; someone who listens to you, supports and guides you, and drafts legal documents that protect your non-marital and marital assets.
Do Prenups Demonstrate a Lack of Faith in the Marriage?
Couples who are planning on getting married might shy away from prenuptial agreements on a mistaken belief that a prenup reflects a lack of faith in the strength of their relationship. Every married couple will need to address joint finances and property ownership at some point in their marriage. Considering those issues before the marriage ceremony with a prenup can strengthen the relationship and prevent disagreements as the marriage grows.
If a married couple has not formed a prenup agreement prior to their marriage, they have the option of entering into a postnuptial agreement to address the same issues.
Paul Goldhamer and his team of prenup lawyers at Kantrowitz, Goldhamer & Graifman have advised numerous couples in Bergen and Rockland counties and throughout New York and New Jersey on negotiating and drafting prenuptial and postnuptial agreements that address property and income matters long before they become contentious issues in a marriage relationship. In those cases where married couples elect to end the relationship, they have also framed legal separation agreements that cut through the negative emotions that can poison negotiations in divorce proceedings.
What is a Prenup, and is a Prenup Enforceable in New York and New Jersey?
Both New York and New Jersey are equitable division or equitable distribution states. Married couples that have not formed prenuptial or postnuptial agreements will cede the allocation of their income and property to the vagaries of state law, which, in the event of a marriage dissolution, will look at subjective matters such as each spouse’s physical or mental health, relative standards of living, general economic circumstances, and any other matters that a court deems relevant.
Rather than giving this control to the state, couples who are entering into a marriage relationship can retain a prenup lawyer to draft a postnuptial or prenuptial agreement that defines the following matters and other relevant property and income issues:
- Distinguishing the separate property that each spouse brings into the marital relationship from that marital property that might later be divided equally if the relationship ends.
- Addressing expectations for spousal maintenance, particularly if one spouse gives up or postpones career advancements to raise children.
- Providing for children from prior marriages, both during a new marriage relationship and afterwards in the event that new relationship ends.
- Allocating responsibility for debts and liabilities, including student loan debt, that each spouse has incurred prior to the marriage and that the married couple assumes during the marriage.
- Predicting expectations for child support and visitation rights.
New York and New Jersey will both generally recognize and enforce prenuptial and postnuptial agreements if they have been entered into and executed by both spouses with full disclosure of all assets and liabilities by each party before they sign it. A KGG prenup attorney can help couples draft an agreement that meets these standards.
Answers to Common Prenup Agreement Questions
Do New York or New Jersey place any limitations on prenup or postnup agreements?
Although spouses can address their expectations for child support and visitation rights in prenup and postnup agreements, they generally cannot predetermine all matters relating to child support and custody. A court will consider the best interests of the child in virtually every instance.
If you have signed a prenup or postnup that includes limitations on support and visitation that you no longer agree with, a KGG prenup lawyer can help you challenge those limitations.
What other basis is there to challenge a prenup or postnup agreement in New York or New Jersey?
A KGG prenup attorney will look at the circumstances surrounding the formation of the agreement to determine if there is a basis to challenge it. This could include, for example, investigating whether each partner in a relationship had his or her own lawyer, if a partner fraudulently concealed assets or pressured the other partner into signing the agreement, and if the agreement’s overall division of income and property is unfair or inequitable.
Are there other options besides divorce proceedings when a married couple is considering ending the relationship?
KGG’s prenup lawyers can also help couples in Bergen and Rockland counties to negotiate and sign legal separation agreements that address many of the same issues in prenup and postnup agreements. Legal separations can be less contentious than a divorce, and they can lay the groundwork to reduce the stress and emotional upheaval that a couple might experience when they elect to end their marriage relationship.
Can a prenup or postnup agreement be modified?
Circumstances can change after a couple is married. For example, one spouse might receive an unexpected inheritance, or both spouses might have a change of heart about property and income after a child is born. New York and New Jersey family law courts will generally treat modifications to prenup and postnup agreements in the same way that courts treat all contract modifications. If the modification is fair and equitable and both parties have agreed to the modification after full and fair disclosure, it will likely be enforced.
A KGG prenup attorney can review a proposed modification to determine the likelihood of its enforceability.
How to Get A Prenup in NY & NJ: Contact KGG for Assistance with Marriage Agreements
Couples in New York or New Jersey who would prefer to define the allocation of their property and income themselves rather than allowing the state to handle that task should contact KGG’s experienced team of prenup attorneys to draft a postnup or prenup agreement that reflects your desires and expectations.
We draft prenup, postnup, and legal separation agreements for clients throughout Bergen and Rockland Counties. We strive for results that are fair and equitable to all parties, both in negotiating and drafting those agreements, and in challenging or defending them in New York and New Jersey courts. Please contact us to set up your initial consultation today.
Additional “New York & New Jersey Prenup and Postnup” Resources:
- Huffington Post, What To Consider Before Asking for a Prenup, https://www.huffingtonpost.com/2013/12/04/pre-nup_n_4349084.html
- Forbes.com, Five Reasons Your Prenup Might Be Invalid, https://www.forbes.com/sites/jefflanders/2013/04/02/five-reasons-your-prenup-might-be-invalid/#4fdf35a619a5