Attacking Prenuptial Agreements
Prenuptial agreements are great ideas. Millions of people across the United States now use them to protect their financial interests in the event of divorce. What many people don’t realize, however, is that prenuptial agreements are like every other legally binding contract: They must be executed in the best interests of both parties.A Prenuptial Agreement Doesn’t Mean You are Left Out in the Cold in Divorce
If you are considering divorce in which a prenuptial agreement threatens to leave without access to marital assets, talk to me. I am New York family law attorney Jonathan D. Katz, of New Paltz, New York. For more than a quarter of a century, I have been successfully attacking and challenging illegal prenuptial agreements. I have extensive experience on both sides of the prenuptial litigation matter. I know what judges expect when reviewing the validity of an agreement, and I know what strategies are effective for having the provisions overturned, in total or in part.
To be considered a valid prenuptial agreement, these general factors must be present:
- Both parties are required to have legal representation or waive representation
- The agreement must be executed well in advance of the marriage date, typically six months
- The agreement cannot be grossly unfair or ignore the civil rights of one party
- The agreement can only cover specified personal property possessed by the parties prior to the marriage
- Both parties must negotiate the agreement in good faith
- The agreement cannot be signed under any emotional or physical duress
If you feel that any of the above factors do not hold true for your prenuptial agreement, you may have a legitimate claim for attacking it in litigation. Before you give up your marital property rights, contact my law firm. I will evaluate your agreement and inform you of its validity and whether you have a case for pursuing litigation.
From my offices in New Paltz, I represent clients in family law courts in communities throughout the Hudson River Valley and the Catskill region, New York.