Legal Question in Family Law in New York
Are online pre-nup forms with out financial statements or attorney present bindi
I would like to know if online legal forms, particularly prenup agreements legal and binding? Does a financial statement need to be included? Is it binding even if not reviewed by an attorney but was signed in front of notary? In cases of possible in heritance, since it is not clear what will be given, how can that be outlined in prenup?
3 Answers from Attorneys
Re: Are online pre-nup forms with out financial statements or attorney present b
I have to agree with both Mr. Nitzberg and Mr. Feldman. On-line legal forms, when properly executed, can be legally binding. However, agreements not executed and acknowledged according to the requirements of the statute may not be binding. Moreover, on-line agreements may not cover items which are unique and important to your situation. Therefore, it is really advisable to see an attorney and get a complete explanation of the alternatives.
I usually attach a financial statements to pre-nups.
You can state in a pre-nup that any monies inherited by either party will remain their separate property but you might want to clarify that said inheritance would have to remain literally separate and not be combined with joint property. In a carefully worked out agreement, you might want to deal with the issue of the appreciation on that separate property, for example, if you inherited a house and you intended the house to remain your separate property, but the house appreciated due to the effort of the other party, is that party to share in the appreciation? etc., etc.
Re: Are online pre-nup forms with out financial statements or attorney present b
The 'pre-printed forms' are ok. They are legally binding. Just use simple language and explain what you want to accomplish and why and you should be ok.
The problem is that every case is, in some way, unique and different. And the lawyer, with his specialized knowledge and training, can make adjustments and model the form to your own needs.
The forms are effective and legally binding, but there are resons why people go to law school for 3 years.
A good compromise is to use the form, and then have your work reviewed by a lawyer. That is much less expensive. You can get such a review for 150-250 dollars.
I meet clients at 42 west 44th street (near Grand Central Station) and in New Rochelle. If my offices are convenient, I would be happy to set up an appointment with you.
Re: Are online pre-nup forms with out financial statements or attorney present b
you should not be penny wise and pound foolish there are too many pitfalls that can invalidate a pre nup have a lawyer help you