Legal Question in Family Law in New York
How legally binding ia a pre-nuptial agreement between partners? In cases of divorce, can a pre-nup preclude either partner from suing the other for maintenance in a court of law? [email protected]
Asked on 9/07/12, 4:31 am
1 Answer from Attorneys
Jordan Trager
Wisselman, Harounian & Associates, P.C.
There is certain specific language that must be recited in the prenup for it to be enforceable. If an attorney drafts a prenup and the proper language is used and the agreement is fair and reasonable and it is not signed under duress then it will probably hold up in court. If you prepare one yourself, then you risk having it set aside by a court in the future if the document is prepared the wrong way.
Answered on 9/07/12, 9:49 am