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I am getting married in NY, NY in the next two weeks but…

I am getting married...

I am getting married in NY, NY in the next two weeks but would like to get a prenup. and would like some help.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in NY family court?

I went to get the marriage license

Lawyer's Assistant: Have you talked to a lawyer about this yet?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that would be it

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Answered in 18 minutes by:
4/3/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,423
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. It may be advisable to consult a local attorney to help you draft any actual prenuptial agreement, but below are some guidelines to assist in trying to draft an agreement that would be enforceable in New York:

1. The agreement needs to be in writing and signed by both of you before a notary public.

2. The agreement could be deemed invalid if any of the following were true at the time of signing: anyone was mentally incompetent or under 18 years old; the agreement was signed under duress (e.g., presented immediately before the wedding ceremony); one spouse defrauded the other (e.g., if you make representations that are false and that induce the other to sign that could invalidate the agreement); the agreement is signed after the marriage (then you would need to abide by standards for anti-nuptial/post-nuptial agreements); it is unconscionable or clearly unfair to one spouse.

3. Spouses can waive alimony in pre-nuptial agreements but, if upon a divorce, the lack of alimony would require that spouse to seek public assistance, alimony may still be awarded.

The only issue I see in your situation is that it is usually advisable to sign a pre-nuptial well in advance of the wedding so there cannot later be a claim of duress or that the agreement was not truly voluntary; this is especially important where the agreement may seem financially unfair to the spouse being asked to sign close to the wedding date.

The key considerations are fairness, voluntariness, in writing, and with disclosure of the assets at issue.

I hope this information helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,423
Experience: Member at Keefer & Keefer LLC
Verified
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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