What Makes a Prenup Enforceable In a New York Divorce?

The majority of couples typically put a lot of thought and effort into their prenuptial Agreement, ensuring their belongings are listed appropriately and that all financial data is included. If the couple eventually divorces and the marriage contract is deemed to be invalid, the effort to draft the prenup will be wasted.  Here are some things you’ll want to include in a lawfully enforceable prenuptial agreement, and where to get assistance with creating or disputing a prenup. 

Both Spouses Should Disclose Their Financial Status

Both sides should be made aware of what property or other assets they may lose with separate marital property. Previous similar cases suggest that the extent of disclosure necessary for a marriage contract is about the same as for divorce proceedings. To confirm that their client was given complete information before signing a legal document, experienced New York Divorce Attorney’s often request that the other spouse sign a Waiver of Further Disclosures. 

This shows that both parties have agreed that all accounting records were presented and that no significant financial changes have occurred since then. You and your spouse must provide accurate and trustworthy information to avoid court-ordered fees or a decreased divorce settlement.

Spouses May Not Share a Divorce Attorney In New York

A family attorney cannot be shared by two wedded or soon-to-be wedded people. They must each have separate legal representation. If the same legal team provides counsel to both parties throughout the process of creating a prenup, the contract may be invalid if the couple subsequently decides to separate. 

A judge is most likely going to issue a ruling that benefits the lower-earning spouse when dividing assets or determining financial compensation. If an attorney has a conflict of interest, you should work with someone else. 

A Severability Clause In the Case of a Contested Divorce 

If your prenup or postnuptial agreement is questioned, disputed, or otherwise challenged when you file for divorce, you risk the whole contract being annulled if you didn’t include a severability clause. This verbiage ensures that the agreement overall stays intact, even if one of the terms or conditions is broken or not met.

Get Assistance From an Experienced Brooklyn Family Lawyer Now 

Don’t wait to get legal help from an experienced Brooklyn divorce attorney to either get a prenup, fight a prenup, or defend one. Call Mary Katherine Brown today to book your consultation by dialing (718) 878-6886.