Respected Rochester Attorney Prepares Prenuptial Agreements
Ethical New York family lawyer helps couples create enforceable contracts
Prenuptial agreements are contracts by which a couple contemplating matrimony can specify how their property and debt will be divided should the marriage come to an end. At the Law Office of Maurice J. Verrillo, P.C., we help soon-to-be spouses create thorough and enforceable prenups covering all manner of financial concerns. Our firm has aided clients in Rochester and surrounding areas for more than 30 years, always guided by our Christian faith and our commitment to providing compassionate legal care.
Skilled lawyer designs prenuptial agreements to fit each couple’s desires
In a New York divorce, a court divides marital property equitably to ensure that each spouse receives his or her fair share of assets and debts accrued during the marriage. A valid prenuptial agreement can supersede the equitable distribution process by instructing how these issues will be handled in the event of a divorce.
Among the issues that may be covered by a prenuptial agreement are:
- Assets and debts — The most important aspect of a prenup is to define the financial rights and responsibilities of each party upon divorces. One spouse may have significantly less earning capacity or more debt than the other or one spouse may be set to receive a major inheritance or retirement package.
- Spousal support — A prenup can set forth how much a spouse will receive in the divorce in lieu of alimony, whether as a lump sum or in staggered payments.
- Property ownership — If one partner individually owns real estate or a business before getting married, he or she can use a prenup to keep ownership and related earnings separate from the marital estate.
- Child rearing — A prenuptial agreement can resolve some of the issues that concern the care of children, such as providing for their education and establishing trust accounts for their benefit. However, a prenup cannot assign a spouse child custody rights, which must be determined by the court based on the child’s best interests.
- Children of prior marriages — A common use of prenuptial agreements is to ensure that certain property that is designated for existing children does not fall into the marital estate.
One of the greatest potential benefits of a prenuptial agreement is that it can grant each spouse peace of mind during a divorce, knowing they’ve agreed to a division of assets that they each believe is fair. We make sure in drafting a prenup that both parties have made complete disclosure of their assets and debts and fully understand how these will be divided upon a divorce.
Reputable litigator challenges prenuptial agreements signed under duress
A person should never be beholden to a prenuptial agreement that he or she signed without being fully informed or in control of his or her own decisions. There are several legal grounds for challenging the validity of a prenuptial agreement, including:
- It was based on fraud or deception
- It was agreed to under duress
- It is inherently unfair in its terms
- It was entered when one party was under age 18
Although it is not required that parties have family lawyers to enter a prenup, either party’s lack of counsel may be considered by a court in determining whether that party did not fully understanding what they were signing.
Where a prenuptial agreement appears to be invalid, we take aggressive action to have it voided in court so that we can pursue more equitable terms for your divorce.
Contact a respected Rochester attorney for help with prenuptial agreements
At the Law Office of Maurice J. Verrillo, P.C. in Rochester, New York, we draft custom prenuptial agreements. We also challenge the validity of prenups where it is in our clients’ interests. To arrange for a free initial consultation with our faith-based law firm, call us at 585-563-1134 or contact us online. We serve Monroe County and its neighbors.