Top Rated Family Law ATtorneys
Top Rated Family Law ATtorneys


Prenuptial Agreement Lawyer

Juan Luciano, Top Prenuptial Agreement Attorney in New York

If you plan on getting married, it is important to consider the best way to protect your assets and future family. One way to do so in New York is by preparing a legally solid prenuptial agreement.  A great prenup can even help minimize conflict in the marriage, after all, more than half the couples who divorce say they did so due to financial disagreements.

A well-done prenup is a very personal and individualized document.  Therefore, it pays to hire an experienced prenuptial lawyer, one who can consider all the legal and financial ramification of the marriage and your individual circumstances.

When you need the guidance of an experienced prenuptial attorney in New York City, contact the Law Firm of Juan Luciano to schedule a consultation. Since 2006, Mr. Luciano has dedicated his practice to couples and their rights under family laws in New York State. 

For a consultation, call Juan Luciano today (212) 537-5859

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What is a Prenuptial Agreement?

Before entering a marriage, you may wish to think about protecting your assets. This is especially important in the case of two people who have already had an opportunity to earn significant assets or debt before they got married. In order to receive legal protection in case of the unexpected, it best to seek the guidance of a New York law firm that specializes in prenuptial agreements.

Juan Luciano, Esq. is an experienced prenuptial agreement attorney that has represented clients in matters of family law in New York since 2006. As a top NYC divorce and family law attorney Juan can help negotiate an agreement that will help protect assets, divide debts, and may even lower financial conflict in the marriage.

What is a Prenup in New York?

A prenuptial agreement in New York is a contract entered into by two people before they are married. It covers certain financial terms of the marriage and specifies the division of assets and debts should the marriage to an end or in case one spouse dies.

Without the benefit of a prenuptial agreement, the State of New York makes the ultimate decision about what happens to the marital property in the event of a divorce, a separation, or the death of one of the parties. A prenuptial agreement will supersede this and spells out exactly how the couple wants assets and debts to be considered and divided.  To learn more, contact Law Offices of Juan Luciano today. 

When independent people come into a marital union with their own separate property, often from former relationships and marriages, a premarital agreement can protect those assets from in case of a dispute, divorce, or even death. A prenup agreement is like an insurance policy for the marriage. While nobody wants to use one, it is good to have in case of the unexpected. In addition, in a partnership where the couple has children from former relationships, what prenup does is to ensure that assets that are earmarked to go to those children upon death are protected.

Prenuptial agreements will further clarify the financial rights and responsibilities of each party. Each individual may come with their own financial obligations as well as their assets. A prenup will spell out these financial responsibilities as well as protect spouses from each other’s previous debts.

Many prenups are simply drawn up to avoid any legal and financial misunderstandings if the couple divorces. When attorneys draft a prenup, the couple is feeling optimistic about the future and level-headed. There are no hard feelings and everyone is willing to please and compromise. Many couples even say that the prenup process has helped them prevent financial disagreements in the marriage. Juan Luciano is a professional and experienced family law attorney, ready to help you create an agreement that will withstand the test of time. Call our New York City law firm today for a consultation (212) 537-5859.

How Can a Prenup Protect Your Assets?

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Who Should Get a Prenuptial Agreement?

When we think about prenuptial agreements, many of us think about the wealthy. But prenups serve many different purposes and can protect martial partners from a spectrum of socioeconomic backgrounds in a variety of different ways.

When parties come to a marriage with their separate property, debts, and children from former relationships, creating a prenup is an easy, straight forward way denoting the ownership, responsibilities, and relationship to assets in the event of a divorce. If you are not sure that you need a prenup, contact the law office of Juan Luciano to discuss how to protect your best interests and those of your future spouse.

If you and your partner have determined that a prenuptial agreement is right for your situation, you may wish to hire an experienced prenuptial lawyer in New York City to draft your agreement. As an important legal document, it is vital that the prenup is drafted and executed properly. If it is not, the agreement may be considered invalid. 

Considering that your financial well being may be at stake, it is important to secure the services of an experienced prenup lawyer such as Juan Luciano.

Do You Need a Prenuptial Agreement Lawyer in Manhattan?

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Prenuptial Agreements and Property Division

New York is what is referred to as an “equitable distribution state”. In the case of a divorce, property division is typically decided by the court, in a way that the court determines must be most fair to both sides.

Having a prenuptial agreement, however, removes much of the responsibility from the court. Instead, having a plan ahead of time means the assets will be distributed equitably based on your prior agreement.

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Prenups and Alimony/Spousal Support

In some cases, a prenuptial agreement may address alimony or spousal support. For instance, at the time of the divorce one spouse may want to stop supporting the other spouse. Keep in mind that under New York law, however, if the other spouse is forced to seek public assistance due to the cessation of support, the court may overturn an alimony provision in a prenup. Whether the court does decide to step in depends on a variety of factors.

A properly drafted and executed prenuptial agreement is presumed valid unless some things can be proven. They are:

  • That one spouse had signed the agreement under duress
  • That one spouse was not mentally competent at the time of execution
  • That one spouse was under the age of 18 at the time of execution
  • That one spouse was defrauded by the other
  • That the agreement was unconscionable at the time of execution
  • That the agreement was not in writing
  • That the couple signed the documents after they were married

Bottom line is that usually an agreement is invalidated due to improper drafting or execution. That’s why consulting with experienced prenup agreement lawyers is so important. Contact us today by phone or email to help ensure the lawful validity of your prenup.

Issues That May Invalidate Your Prenuptial Agreement

Frequently Asked Questions About Prenups in New York

Having a prenuptial agreement in Manhattan has many benefits under New York laws. A prenuptial agreement protects premarital assets and ensures that debts incurred by one party remain the responsibility of that party. In the case of children from former marriages or relationships, a prenup will protect the assets that you wish to go to the children. But most importantly, a prenuptial agreement does away with much of the conflict in the event of a potential divorce or death of one of the parties.

We can help create prenuptual agreements in New York, BronxWestchester CountyUpper East Side and all other areas of New York City.

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