Need a Prenupital Agreement?

A prenuptial agreement is essentially a legally binding agreement made before a couple gets married or enters into a civil partnership. The agreement deals with what should happen to assets of the couple in the event of divorce, though various additions can also be made including provisions and recommendations for alimony and the division of property. Prenuptial contracts often go by alternate names, such as ante nuptial agreements or premarital agreements; however, the usage is the same.

The popularity of prenuptial agreements has increased since the turn of the 21st century, though they were not unheard of before then. This is attributed by lawyers to an increase in media coverage of high profile divorces, which often sees as exceedingly wealthy individual divorcing someone of lesser means – and being forced to sacrifice up to half of their fortune.

A prenuptial agreement is recognized by all 50 states of the America, though they are not always followed verbatim. Often, discretion is required in cases where wealth and income has increased – or significantly decreased – between the time of the agreement and the time of the divorce. A prenuptial agreement can be appealed against if the party that stands to lose out is unhappy, though just cause must be given for doing so. American courts tend to uphold and recognize prenuptial agreements as they are, but it is worth remembering that these agreements are not a final line. It is possible for either party to challenge a prenuptial. Recently, Stephen Spielberg's wife did just that during their high profile (and acrimonious) divorce. She was successful in this attempt, and walked away with a settlement of over $50 million.

Family law attorney, Eric M. Gansberg, Esq., is located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.