Drafting a Valid Prenuptial Agreement
A prenuptial agreement or a marital agreement is a contract. Like any other contract, it must satisfy certain legal requirements in order to be valid. Many people who have entered into prenuptial agreements would be shocked to learn that their agreement may not be valid. What should you do if you suspect that your prenuptial agreement is not valid?
How can you enforce a prenuptial agreement?
Enforcing or Invalidating a Prenuptial Agreement or Marital Agreement
Angela Scarlato & Associates, P.C. can answer these and other questions relating to prenuptial agreements and division of property during divorce. Call us at 718-618-6232 to arrange for a free initial consultation.
The Keys to a Valid Prenuptial Agreement
A prenuptial agreement cannot be forced upon a future spouse or be made under duress. Future spouses must have adequate time to review the document and should have the advice of their own attorneys. Most importantly, there are specific requirements which must be followed when signing the document. Failure to satisfy these requirements may render the prenuptial agreement invalid.
An attorney at Angela Scarlato & Associates, P.C. can review your agreement and discuss the pertinent factors that affect its validity. For example, if either party has not signed in the proper manner it may not be enforceable. But if it can be shown that a spouse intentionally failed to sign it in the proper manner this demonstration of bad faith may provide grounds for setting aside the agreement in case of divorce.
As an experienced family law and divorce law firm serving clients in Brooklyn and the other boroughs of New York City, our firm can evaluate your situation and depending on circumstances, take action to assert your rights and protect your interests.