Courts Frequently Reject Prenuptial Agreements
Many couples in New York devise their own pre- and postnuptial agreements, only to have them rejected by the courts. This is unfortunate, as the very reason individuals enter such agreements is to prevent the courts from having undue power.
The consequences of a rejected nuptial agreement can be severe. If the couple divorces, they will lose much of their freedom to make decisions regarding the division and distribution of assets. Rather, the courts will settle these matters. This can deeply impact the finances of both parties.
Warren Welch Esq., LLC, can help. For more than 40 years , attorney Welch has assisted individuals in Rochester with drafting and authorizing prenuptial and postnuptial agreements. Mr. Welch and staff understand how important it is to facilitate these matters properly. He has the experience to foresee and overcome any logistical hurdles that might impede setting an agreement in place.
An Attorney Who Advocates For His Clients’ Rights
Nuptial agreements, whether devised before or during marriage, set out a couple’s intentions with regard to how money and property will be allocated in the event of a separation or divorce. These agreements overrule New York state law — they allow individuals to keep control over their own belongings.
The reasons for rejection are usually technical. In some cases, one or both members of the couple neglect to disclose all of their assets. Many couples fail to have the agreement properly witnessed and validated. Courts deny authorization frequently. As such, it is extremely advantageous to have a knowledgeable lawyer to support you.