Prenuptial Agreements 102: Modifications, Revoking, Child Custody Arrangements & More.
Ok folks, let’s get down to business and get to the nitty gritty NY state divorce law details you are looking for. Below we will ask and answer what our firm refers to as “102” level questions.
Can a Prenuptial Agreement Include Child Custody and Support Arrangements?
Yes, prenuptial agreements are able to be modified or revoked after two people officially marry. However, both parties must agree to the conditions of the modification or cancellation of the agreement for it to be effective. The modification must be in writing and signed by both parties in the same way the original agreement was. If the couple doesn’t ever agree to new terms, the original order will remain in effect.
Can a Prenuptial Agreement Include Child Custody and Support Arrangements?
Prenuptial agreements cannot directly determine a child custody or child support arrangement. This is especially true when a soon-to-be-married couple does not have children yet. It’s not possible to determine what arrangements would be most favorable for a child before the child is born or with no knowledge of what conditions would cause a future divorce. These decisions should be determined during a divorce.
What Are the Legal Requirements for a Prenuptial Agreement in New York?
Both parties are required to voluntarily agree to participate and sign a prenuptial agreement for it to be enforceable in New York. It’s required for the prenup to be in writing and signed by both parties in front of a notary. Each party should also bring in their own legal representation to ensure they understand the details of the document and that everything written is fair.
What Happens if One Spouse Hides Assets During the Creation of the Prenuptial Agreement?
Hiding assets while the prenup is being created can significantly impact the agreement’s enforceability. If both spouses wish to participate in the prenup process, they’re expected to fully disclose their financial situation to ensure the agreement is fair. When someone withholds specific information, it appears like they are acting in bad faith by trying to manipulate how certain assets and funds will be divided.
Prenuptial agreements Are Very Emotional And Require Navigating Really Rough Waters – for everyone – even celebrities. Our warm & professional staff is standing by to provide you with legal counsel. Whether you are looking to protect yourself in a future marriage or looking to break off an existing marriage our NYC based Divorce Attorney is ready to consult you now.
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