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If you are considering getting married in New York, it is crucial to ensure that your prenuptial agreement is valid. A prenuptial agreement can be an excellent way to protect your assets and interests in the event of a divorce.
However, if the terms are not properly drafted or if the agreement does not comply with applicable state laws, then it could end up being invalidated—leaving you without any protection.
What Makes a Prenuptial Agreement Invalid?
In New York, there are several reasons why a prenuptial agreement may be considered invalid.
One of the most common reasons for invalidity is lack of disclosure. If one party fails to disclose their property and debts prior to entering into an agreement, then the other party may have grounds to void the contract.
Additionally, if either party was coerced or pressured into signing the document or did not have independent legal counsel at the time of signing, then this could also lead to a challenge against the enforceability of the document. It is also essential that both parties sign willingly so that no one feels as though they have been taken advantage of or forced into anything.
Finally, if any part of the document violates public policy or state law, it will likely be deemed unenforceable and invalid.
Why You Want an Attorney By Your Side
Working with an experienced attorney can help you avoid many of these pitfalls. A good attorney will provide sound legal advice throughout every step of creating your prenuptial agreement so that all terms are within legal limits and comply with relevant state laws and regulations.
They will also ensure full disclosure from both parties and represent each person’s interests fairly and equally throughout negotiations. Working with a lawyer is essential for ensuring that your prenuptial agreement is ironclad and enforceable should you ever need to rely upon its provisions down the line.
In Life, There Are Options. In Divorce, There Should Be Options Too.
Having a trusted attorney by your side when preparing a prenuptial agreement can save you from making costly mistakes down the line—such as drafting illegal or unenforceable clauses, which could render your entire document void should any issues arise in court later on. Knowing what makes a prenuptial agreement invalid in New York and how an experienced lawyer can help guide you through negotiations is essential for protecting yourself and your assets before tying the knot.
If you and your partner are considering a prenuptial agreement, don’t hesitate to contact our firm by calling us at (212) 466-6015.