Experienced Manhattan Prenuptial Agreements Lawyer

Manhattan Prenuptial Agreements Lawyer - The Law Office of Ryan Besinque - NYC Prenup Lawyers

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 choosing to create a prenup, having the assistance of a skilled Manhattan 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. By drafting a prenup, clients may be able to have protection from potential financial issues in their marriage, and planning for their family’s future can be easier. 

At The Law Office of Ryan Besinque, Manhattan 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 prenup, so they can go into a marriage with confidence and optimism. To schedule a free consultation with The Law Office of Ryan Besinque and know more about the benefits of a prenup, call us at (929) 251-4477.

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What are Prenuptial Agreements?

Financial problems are a major cause of divorce. However, it is possible to avoid many misunderstandings if couples are able to discuss their financial situation before getting married. By having a prenuptial agreement, a couple can address issues such as assets, property, and financial obligations. This agreement prevents any disagreements about unknown financial issues. This is a great way to foster positive communication between couples.

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

A prenuptial or premarital 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, and having a prenup can help avoid potential issues in the long run. 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. It can also help you and your partner foster positive communication when it comes to financial issues. Without one, you may be putting your assets in jeopardy. At The Law Office of Ryan Besinque, founding family law attorney Ryan Besinque and our skilled team of New York prenup 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. A prenuptial agreement can be important for planning the family’s future. To schedule a free consultation with our attorneys at 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?

Premarital agreements, also known as prenuptial agreements or premarital agreements, are contracts that allow the parties to agree on various property and financial terms should the marriage end. These discussions will include the allocation and identification of assets, as well as spousal maintenance in case of divorce.

This type of agreement can provide protection 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

Protecting family business and interests

Child custody and child 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 prenuptial 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 towards the other in the event of a divorce.

Speaking to our experienced attorneys at the Law Office of Ryan Besinque may help you understand the importance of having a well-designed premarital agreement. In the case of a divorce in New York, a prenup may help you avoid lengthy litigation, negotiation, and other legal processes. It can also help protect your interests. Call us today to speak with our Manhattan and New York City lawyers about your prenup.

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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

A couple may also find it easier to reach their goals without working on financial issues because they’re already addressed in the prenuptial agreement. 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. 

There are many considerations that should go into a prenup. 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 in making the contract. At The Law Office of Ryan Besinque, Manhattan 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.

For more information about the benefits of a prenup, schedule a consultation with our divorce lawyers at The Law Office of Ryan Besinque. Call us at (929) 251-4477.

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Who Can Benefit From a Prenuptial Agreement in NYC?

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, Manhattan 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 our prenup lawyers at The Law Office of Ryan Besinque, call our law firm at (929) 251-4477.

Prenups are common legal agreements between spouses that protect their financial assets and rights in case of divorce or death. Some people view prenups as though it implies that one of the partners doesn’t trust the other. However, having a prenuptial agreement in place can be a source of legal support for both spouses in case the unexpected happens.  Prenups are simply another tool to make sure your future looks like the future you envision.  

The time it takes to create a prenuptial agreement may vary. If there are significant wealth and assets involved, the drafting and negotiation of the prenuptial agreement can take several months or longer. 

Prenuptial agreements are a way to protect the financial assets of one’s spouse from being destroyed by their partner. They can also be used as a means of providing for the benefit of the other by protecting the party from taking on debts. Prenuptial agreements are only valid if the parties agree to the terms. Therefore, they can only be legal if the parties sign the document. It must be legally drawn and signed. 

After a certain period in marriage, it is possible to revise your prenuptial agreements. Ten years is an acceptable time frame to review the agreement and determine if they are still in agreement. A “sunset clause”, which states that the prenuptial agreement will automatically expire after a specified time period, can be added to the original prenuptial agreement. This could mean that the contract between the parties will end in ten years or twenty years, depending on the couple’s specific needs.

At the Law Office of Ryan Besinque, New York prenuptial agreement lawyer Ryan Besinque and our team of prenuptial agreement attorneys are experienced in helping families create a prenup for their cases. We may also be able to use our experienced and help you create a legally enforceable prenuptial agreement. To schedule a consultation with our skilled lawyers, please call our law firm at (929) 251-4477.

Because of what is usually contained in these types of documents, it may prove difficult for a judge or court to seal a prenuptial arrangement. Prenuptial agreements are a traditional way to establish the division of property and other assets if the marriage ends. This agreement lays the groundwork for who owns which asset as well as the terms for spousal support and inheritance in case of a divorce. 

A prenuptial agreement typically includes important details.  However, many of these matters are made public in divorce proceedings, so judges have little incentive to seal an agreement. It all depends on the specific case and what the judge decides. To protect minor children, the judge can seal records of court proceedings, such as the prenuptial agreements, where they are involved in the settlement. Children born from unions are often under 18 years old at the time of the divorce. Therefore, the judge may seal court records, including the prenuptial agreement, to protect the children. Details of financial divisions and property settlements can be kept secret from the public. If such records become public, it is possible for individuals to use this information to hurt children or to access inherited assets. A situation involving domestic violence or a spouse who is a batterer might also require greater privacy.

The sealing of the prenuptial agreement is an issue that will be up to the judge’s discretion. However, the spouse’s lawyer may initiate the process and request the sealing of court records. Although sealing the prenuptial agreements may not be what you want, it is possible that all court records will be sealed in this situation. 

Prenuptial agreements are used by many couples today, even though they were originally intended for wealthy people to preserve their wealth. Prenuptial agreements can be used to protect assets and speed up the divorce process. If the terms and conditions of the prenuptial agreements are clear enough, it may not be necessary to file a divorce lawsuit. 

A well-designed prenup can help you save time and money in the case of a divorce. The team of skilled lawyers at the Law Office of Ryan Besinque may be able to help you create well-designed agreements for your specific situation. Call us today to schedule a consultation in New York or Manhattan.

Most disagreements or disadvantages you might have regarding your prenup can be easily negotiated to a mutually beneficial result. Avoiding potential problems at the beginning can prevent future conflicts.

When drafting an agreement, here are some important things you should consider:

  • The prenuptial or premarital agreement may have a requirement that waives your right to inherit your spouse’s estate in the event of their death. Without this waiver, you have the right to receive a portion of your spouse’s assets even if you are not in their will. 
  • The prenuptial agreement may also have a requirement that waives your right to any share of your spouse’s business, even if you contributed to increasing the value of that business.

People usually see prenuptial or premarital agreements as unromantic, which leads to a lack of trust between couples. However, if a premarital agreement is done properly, it can help couples build stronger trust with each other and strengthen their marriage’s foundation. 

Seeking the legal advice of an experienced lawyer when drafting premarital agreements in New York is very important. A skilled legal professional can help you plan how to protect your assets or business in case of a divorce. Attorney Ryan Besinque and his team of New York attorneys at the Law Office of Ryan Besinque may be able to help you draft a prenup that is suitable for your needs. Call us today to schedule a consultation.

Under What Conditions May a Prenup Not Be Enforceable in NYC?

Unfortunately, there are cases where a prenuptial agreement has not been drafted, executed, or properly recorded. This may result in it being unenforceable at the time of divorce or the death of a loved one. 

A prenuptial agreement may be unenforceable if:

The agreement did not adhere to basic contract standards

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 family law attorney Ryan Besinque and our team of skilled prenuptial agreement lawyers can assist couples in negotiating and drafting prenups that satisfy both parties.

To request a free consultation with the experienced lawyers at The Law Office of Ryan Besinque, call us at (929) 251-4477.

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Getting Skilled Legal Guidance from a Manhattan 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 protection 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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