Experienced New York City Prenuptial Agreements Lawyer

Today, more couples are choosing to create a prenuptial agreement prior to marrying for many reasons. Some individuals bring their own assets to the marriage and want to formally protect them as separate assets. For others, this is not the first marriage and they not only bring assets from a former marriage, but also children from that relationship. And some couples want to set proper expectations regarding financial support before it potentially becomes a contentious issue during a divorce. 

Whatever the reason for individuals to choose to create a prenuptial agreement, having the assistance of a skilled New York City prenuptial agreements lawyer ensures that all matters are discussed and considered, and the document is prepared and filed properly so that it will be enforceable, if necessary. At The Law Office of Ryan Besinque, family law attorney Ryan Besinque and our team of experienced New York City prenup agreement lawyers have represented hundreds of individuals who want to protect their rights and assets with a prenuptial agreement, so they can go into a marriage with confidence and optimism. To schedule a free consultation with The Law Office of Ryan Besinque, call us at (929) 251-4477.

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What are Prenuptial Agreements?

Contrary to what some believe, prenuptial agreements aren’t only for those who are wealthy. A prenuptial agreement, also known as a prenup or premarital agreement, can be an important tool for any couple who wants to ensure certain financial rights and obligations prior to marriage.

A prenuptial agreement is a legal contract between individuals that sets out the rights and obligations of both parties should they decide at some point to end the marriage, or in the event of incapacity or the death of one spouse. It can cover a wide variety of financial issues, responsibilities, and expectations. 

While creating a prenup is not very romantic, it’s important to remember that marriage is not only an emotional relationship but also a financial one. Having a proactive prenuptial agreement in place at the beginning is a good way to ensure each partner’s financial expectations and responsibilities and protect them in the case of divorce, disability, or death. 

A well-conceived prenup can make a big difference should you decide to divorce in the future. Without one, you may be putting your assets in jeopardy. At The Law Office of Ryan Besinque, founding attorney Ryan Besinque and our skilled team of New York prenuptial agreements attorneys would be happy to discuss your needs and draft an agreement that will proactively protect your assets in the case of future unforeseen events. To schedule a free consultation with The Law Office of Ryan Besinque, call us at (929) 251-4477.

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What Kinds of Things Can a Premarital Agreement Cover?

A prenup agreement can provide protections for numerous financial situations and can clearly define asset distribution in the event of a divorce, disability, or death. Consequently, it can be very beneficial for limiting the risks of either partner before they become litigious or contentious, while both spouses are thinking clearly and proactively. 

A comprehensive prenup can establish responsibilities regarding:

Property and asset division

Division of debt

Spousal support

Child custody and support of children from a previous marriage

Without a valid prenuptial agreement, state laws will prevail should either spouse predecease the other or in the event of a divorce or disability. A prenup agreement will clarify who owns and is responsible for property owned prior to marriage. It will also set rules for properties  acquired during the marriage and what financial responsibilities each will have toward the other in the event of a divorce.

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Why Have a Prenup?

While prenups can provide for many matters in the event of a divorce or other major life event, most people cited three main reasons for the creation of their prenuptial agreement:

The desire to protect their separate property

Setting out alimony and spousal support expectations

How the couple will handle the division of property in the event of a divorce

Few people come into marriage today without separate assets or at least their own financial concerns. Those who have been married before may be reluctant to go through the same financial difficulties that they went through in their previous divorce. Some couples have a great inequality in personal wealth or debt. 

Whatever the reason for a prenup, it should be properly drafted, executed, and recorded. This is when it is critical to have a skilled New York prenuptial agreements lawyer to assist and guide you. At The Law Office of Ryan Besinque, New York prenuptial agreement attorney Ryan Besinque and our team of knowledgeable family law attorneys are ready to help couples who are planning to create a prenup make the best decisions for their unique situation. To schedule a free consultation with The Law Office of Ryan Besinque, call us at (929) 251-4477.

Who Can Benefit From a Prenuptial Agreement?

There are many scenarios where spouses may benefit from having a prenuptial agreement created:

One or both have been married before and have financial obligations from the previous marriage. A prenup agreement protects the new spouse from any of those obligations.

One or both have their own homes. If you, as a couple, will be residing in a home owned by one spouse, that spouse may want to ensure that it is retained as separate property.

One spouse has significantly more financial assets than the other, and he or she wants to ensure that these are protected in the event of a divorce.

One or both partners have children from previous marriages and want to provide for them when they die.

Conversely, when a spouse is the less wealthy of the two, a prenuptial agreement can address expectations of spousal support or other forms of financial protection in the event of a divorce.

When each brings significant assets into the marriage, a prenup will help determine what is considered separate property and marital property in the event of divorce.

When one spouse comes into the marriage with a great deal of debt, a prenuptial agreement can protect the other spouse from being left with those financial obligations in a divorce.

When one spouse owns a business or significant investments, a prenup can protect these as separate property.

Depending on their own unique circumstances, a couple can tailor a prenuptial agreement to include many financial protections and obligations.

If you are considering a prenup, New York City prenup agreement Ryan Besinque and our team of experienced prenuptial agreements lawyers at The Law Office of Ryan Besinque can help you decide whether a prenuptial agreement makes sense for you. To schedule a free consultation with The Law Office of Ryan Besinque, call us at (929) 251-4477.

Prenups can be very individualized and can make provisions for both current and future assets. Even future debt can be provided for in a well-conceived prenup agreement.

At The Law Office of Ryan Besinque, founding attorney Ryan Besinque and our skilled team of New York City prenuptial agreements lawyers will look at all your financial considerations, present and future, and help make tailored provisions for:

  • Real estate acquired prior to or during the marriage
  • Salary earned prior to or during the marriage
  • Any retirement benefits 
  • Investments acquired before or after the marriage
  • Money held in joint accounts
  • How tax returns will be filed
  • Responsibility for household expenses
  • Spousal support or alimony in the case of divorce
  • Support of a surviving spouse in the case of death
  • Ensuring that terms support existing estate plans

As a legal contract, there are contractual requirements that make a prenuptial agreement valid and enforceable. These are:

  • The document must be fair and just
  • It must reflect full financial disclosure of both parties’ assets
  • It must be signed voluntarily by both parties before a notary
  • It must be signed before the marriage takes place
  • It cannot be unconscionable 

In order to ensure that a prenup agreement is legally valid and enforceable, you should get the guidance of the skilled New York prenuptial agreements legal counselors at The Law Office of Ryan Besinque. Prenuptial agreement lawyer Ryan Besinque and our skilled legal team are dedicated to listening to each client’s concerns and supporting their goals toward sustainable solutions. To schedule a free consultation with The Law Office of Ryan Besinque, call us at (929) 251-4477.

No. You may enter into an agreement after your marriage. This is referred to as a postnuptial agreement and fulfills the same basic functions as a prenup.

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Under What Conditions May a Prenup Not Be Enforceable?

Unfortunately, there are times when a prenuptial agreement has not been drafted, executed, or properly recorded. This may cause it to be unenforceable at the time of divorce or death. 

A prenuptial agreement may be unenforceable if:

Basic contractual standards were not complied with

The agreement was improperly filed

Liens on their business or home

One spouse concealed information and did not disclose all assets or income

The terms are unconscionable, unreasonable, or grossly unfair to one spouse

It was signed by one party under duress or when one spouse was mentally incapacitated.

Ensuring the validity of a prenuptial agreement is essential to its enforceability in the future. Consequently, you should have the assistance of an experienced prenuptial agreements lawyer to reduce the risk of having the agreement challenged. At The Law Office of Ryan Besinque, founding attorney Ryan Besinque and our team of skilled prenuptial agreement lawyers can assist couples in negotiating and drafting prenups that satisfy both parties. To schedule a free consultation with The Law Office of Ryan Besinque, call us at (929) 251-4477.

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Getting Skilled Legal Guidance from a New York Prenuptial Agreement Attorney

At The Law Office of Ryan Besinque, New York City family attorney Ryan Besinque and our experienced team of prenuptial agreement attorneys understand and support your need to ensure your financial responsibilities and protections before and even after your marriage. We will draft a concise and comprehensive prenuptial agreement considering your unique financial situation to ensure that it will be legally enforceable in the future. Call us at (929) 251-4477 or contact us on our website to schedule a consultation to discuss your needs.

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