Prenuptial Agreements

Prenuptial Agreement Attorneys in Brooklyn

Safeguard Your Future with a Comprehensive Prenuptial Agreement

Ready to draft a premarital agreement with your soon-to-be spouse? The experienced legal team at Arnel Law Firm can answer your questions regarding prenuptial agreements, explain the multitude of reasons to establish one, and help you draft a contract that meets your needs. We can also assist with postnuptial agreements.

Attorney Curt Arnel has practiced family law for more than 35 years. His previous career as a certified public accountant means he has insights into financial matters, including investments and business ownership, which many family lawyers do not have. This is particularly advantageous when sorting through the intricacies of prenuptial agreements.

Protect your assets and secure your future with a well-drafted prenuptial agreement. Contact us at (718) 550-3024 to schedule a consultation today.

What Is the Purpose of a Prenup Agreement?

A prenuptial agreement is a legally binding contract between two soon-to-be spouses that outlines each party's rights and obligations in the event of divorce. A prenuptial agreement can protect your rights and assets and shield you from your spouse’s debts should your marriage end in divorce.

Prenuptial agreements are most beneficial to high net worth individuals, but couples from all walks of life can benefit from creating a prenuptial agreement. For example, if you have children from a previous marriage, you may choose to create a prenuptial agreement to ensure that your children will inherit certain assets in the event of your death rather than leaving them to your surviving spouse.

Why Should You Consider a Prenup?

One of the primary reasons to consider a prenup is to define asset division clearly. In the event of a divorce, a well-crafted prenup delineates how assets acquired both before and during the marriage will be distributed. This can significantly reduce potential conflict, ensuring that both parties understand their rights and responsibilities.

Additionally, prenuptial agreements can address debt management. With many couples bringing various debts into a marriage, a prenup can specify how existing liabilities will be handled. This foresight can protect individuals from being held responsible for their spouse's debts, fostering financial security.

Another important aspect is the consideration of spousal support. A prenup can outline the terms for alimony, including the amount and duration of payments, which provides financial clarity and expectations for both partners.

Furthermore, a prenup can be particularly valuable for individuals with significant assets, business interests, or children from previous relationships. It allows individuals to safeguard their financial legacy and set clear guidelines regarding the treatment of inheritance and family obligations.

Your Financial Security Is Our Priority

Prenuptial agreements are challenging and require precise drafting by an experienced attorney. We take great care in creating personalized documents that will hold up in court if challenged.

Our prenuptial agreement lawyers in Brooklyn insist on representing only one individual when drawing up a premarital agreement. Your partner should have legal representation as well. This limits the opportunities for either spouse to challenge the premarital agreement by claiming he or she didn’t have counsel or did not understand the documents being signed. We want your prenuptial agreement to be bulletproof.

We have also successfully challenged prenuptial agreements that were poorly drafted or improperly executed by other lawyers, resulting in much larger property awards and more spousal support for our clients.

Have questions about prenuptial agreements? Contact us at (718) 550-3024 for personalized legal guidance and peace of mind.

Essential Components of a Prenuptial Agreement

A prenuptial agreement can address several matters, including:

The division of your assets in the event you decide to end your marriage
How finances and assets will be handled during the marriage
Spousal support terms
Any business ownership issues
The handling of gifts, inheritances, or trusts
Benefits, disability, and insurance coverage

Duration of Prenuptial Agreements: What You Need to Know

The lifespan of a prenup will depend on the stipulations included in the agreement. A prenuptial agreement could last for the entire marriage unless the couple includes a “sunset clause.” This provision outlines a termination of the prenup after a certain amount of time has passed.

Common Misconceptions About Prenuptial Agreements

Prenuptial agreements are often misunderstood. Many people assume they are only for the wealthy or that signing one means planning for divorce. In reality, prenups can benefit couples of all financial backgrounds by providing clarity and protecting both partners' interests.

Are prenups only for the wealthy?
No. While high-net-worth individuals often use prenuptial agreements, they can be valuable for anyone who wants to protect personal assets, inheritances, or business interests.

Does signing a prenup mean you expect the marriage to fail?
Not at all. A prenup is like an insurance policy—it’s there just in case. Many couples create prenups simply to avoid legal complications if the unexpected happens.

Can a prenup include lifestyle clauses?
Yes, prenups can outline expectations for things like financial responsibilities, debt management, or even pet custody. However, some lifestyle clauses (such as personal behavior rules) may not be legally enforceable.

Can a prenup be changed after marriage?
Yes. Couples can modify or revoke a prenuptial agreement after marriage by creating a postnuptial agreement, as long as both parties agree to the changes.

How a Prenuptial Agreement Protects Business Owners

If one or both spouses own a business, a prenup can help ensure that the business remains protected in the event of a divorce.

Keeping business assets separate from marital property – A prenup can clarify that a business started before the marriage remains separate property.
Preventing a spouse from claiming business ownership – Without a prenup, a spouse may have legal grounds to claim part of the business.
Avoiding business disruptions during a divorce – A prenup can prevent disputes over control or management of the business.
How valuation and appreciation of a business are handled – The agreement can specify how any increase in business value during the marriage will be addressed.

Enforcing a Prenuptial Agreement in New York

A prenup must meet legal requirements to be enforceable in New York. Courts will evaluate several factors to determine its validity.

What makes a prenup legally valid? – Both parties must fully disclose assets, voluntarily sign the agreement, and have separate legal representation.
Grounds for challenging a prenup in court – A prenup may be challenged if one party was coerced into signing or if important financial details were hidden.
Steps to take to ensure a prenup is enforceable – Working with an attorney ensures that the agreement complies with New York laws and protects both parties fairly.
When a prenup might be considered unfair or invalid – If the agreement is significantly one-sided or was signed under duress, a court may decide not to enforce it.

Frequently Asked Questions About Prenuptial Agreements

Can a prenuptial agreement cover child custody or child support?

No. Prenuptial agreements cannot determine child custody or child support arrangements. These matters are decided based on the child's best interests at the time of divorce, not beforehand.

Do both spouses need a lawyer to create a prenup?

While it is not legally required, it is highly recommended that both spouses have separate legal representation. This helps ensure that the agreement is fair, properly drafted, and less likely to be challenged in court.

Can a prenup dictate how household expenses are shared during the marriage?

Yes. Couples can include terms about financial responsibilities, such as how household bills, joint accounts, or debt repayments will be managed. However, courts may not enforce overly restrictive or unreasonable terms.

Is a prenup still valid if we move to another state?

It depends. Each state has different laws regarding prenuptial agreements. If you relocate, it’s a good idea to have an attorney review your agreement to ensure it remains enforceable under your new state's laws.

Can a prenuptial agreement expire?

Yes. Some prenups include a "sunset clause," which sets an expiration date after a certain number of years or after a specific event, such as the birth of a child. If there is no expiration clause, the agreement typically remains in effect unless revoked or amended.

What happens if we never get married after signing a prenup?

If the couple never marries, the prenuptial agreement does not take effect. It is only legally binding upon marriage.

Can a prenuptial agreement be signed right before the wedding?

While it is possible, signing a prenup too close to the wedding could raise concerns about coercion. It’s best to draft and sign the agreement well in advance to ensure both parties have time to review it carefully.

Do prenuptial agreements protect against a spouse’s debts?

Yes. A prenup can specify that one spouse is not responsible for the other’s pre-existing debts, protecting their financial future if the marriage ends.

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Clients Share Their Stories

At Arnel Law Firm, We Believe in Empowering Our Clients

by equipping them with the tools, resources, knowledge, and support needed to make informed and effective decisions. Above all, we want to see your case resolved successfully. Take a look at what others have to say about their experiences working with our Brooklyn divorce law firm.

“When I left the court room that day I was so happy my blood pressure went down.”
Mr. Arnel thank you very much for your help. When I received the court paper I wanted to call someone for help, you were the first Lawyer I call. You had help me before with some child support difficulties. And when I couldn't reach you, you daughter, Lawyer Lauren Arnel answered the phone. She was very understanding and kind enough to give me your email address. The day I came to New York City for the court date, I came with a heavy heart not knowing what's going to happen. But in the court that day Lawyer Howard Gardner presented the case beautifully and ask the court for a dismissal. And the Judge had to dismiss the case with no further argument. When I left the court room that day I was so happy my blood pressure went down.
All in all, It was a team work from your Firm. Thank you again to Mrs. L. Arnel and Mr. H. Gardner.
I will always recommend you Firm to anyone who is seeking legal help.
Mr. Arnel thank you very much.

J.M.
“They are honest from the start”
Excellent law firm. I am a father/service member that was awarded primary physical custody, final decision making of my son, and my child support payments was terminated thanks to Arnel law Firm. Curt, Lauren and Howard have years of experience and will represent you like Mike Tyson in the ring. They are relentless to the very end. They were able to prove that I was the more involved parent, had my son the majority of the time ( because of the mother choices), and was able to prove the mother's statement of having our son half the time was false along with many other false statements. Also they are honest with you from the beginning in terms of letting you know whether or not your case has enough substance to move forward to a court proceeding and even if its not they will advise you in the consultation what steps you will need to take. They will not waste your or their time. Highly recommend this law firm for divorce and custody battles.

M.D.
“I could not have asked for better!”
Mr. Arnel and his daughter Ms. Lauren Arnel litigated my divorce jurisdiction dispute with complete success. I felt very confident in their advocacy of my case. Mr. Arnel is a gifted attorney; I could not have asked for better. He is highly persuasive, professional, doesn't mince words, yet gracious and gentlemanly at the same time. He inspires confidence, and the outcome proved my confidence in him was well placed.

Rachel A.
“So Attentive and Knowledgeable.”
I was extremely devastated when I reached out to the law office due to concern over a potential custody battle. I left a message and was contacted the same day and time that I was given. Curt was so attentive and knowledgeable. All of the questions I had were answered. I left the phone call feeling 100 times better than I did when I originally called. Even after asking a bunch of questions knowing that I wouldn't need his services he continued to answer questions with honest answers making it very clear how efficient he was in his field. I am very happy that I found him and honestly hope I won't have to use him in the future. However if the services are needed I would definitely pick him!

Former Client
“Open and Honest.”
If you are looking for a attorney that's very knowledgeable in his practice definitely speak with Curt Ariel. He's open and honest. Mr. Ariel answered all of my questions and I feel better about moving forward with my case.

S.D.
“Knowledgeable, Expertise, Perseverance, and understanding.”
I highly recommend and respect Mr. Curt Arnel for all of his hard work and dedication to my custody case in the past. Mr. Arnel's knowledge, expertise, perseverance, and understanding helped my father to win our case which was NOT a walk in the park. I am forever grateful for everything Mr. Arnel has done for my father and I. Because of Mr. Arnel, I was given a chance to have a great life with my father who was loving, devoted, and did everything in his power to protect and educate me and provide the best life possible. Mr. Arnel saved me from a very unfortunate situation with my mother at a very young age. Due to his amazing work ethic and determination years ago, I am a successful woman and mother today! If you are looking for an attorney who will do everything in their POWER to FIGHT for you, TRUSTWORTHY, and devote their undivided attention to you and your case, look no further....Mr. Curt Arnel will show up and show out for YOU!

M.C.
“Thank you, Mr. Arnel, for all you do and for treating me like family.”
Curt Arnel is an ethical attorney with extensive legal knowledge and compassion for his clients. Mr. Arnel will relentlessly fight to win your case, and I highly recommend him. He handled my divorce and did an excellent job throughout the process. He looks out for the interests of his client and provides encouragement and support in a very stressful process. Thank you, Mr. Arnel, for all you do and for treating me like family. I would highly recommend Mr. Arnel.

L.M.
“If you or someone you know needs a family lawyer call Curt Arnel.”
If I could give 10 stars I would. If you find yourself in the unfortunate position where you need to speak to an attorney to resolve any issues concerning your family, Curt Arnel and his team should be your only call. This is a long post. I called Mr. Arnel's office expecting to speak to a receptionist, I was wrong. Mr. Arnel answered the phone and we had a 45-minute conversation about our issue. He was so generous with his time. He answered every question I had and even brought up a few points I didn't even think of. I was blown away at how casual the conversation was. It was like I was speaking with an old friend. I never felt rushed. He explained to me how he had just resolved a similar matter and explained the whole process including numerous options to resolve the matter. My wife and I took his advice and are so thankful we did. If you or someone you know needs a family lawyer call Curt Arnel. You'll be glad you did. We are.

B.P.

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Facing a challenging divorce or family law matter in Brooklyn? Trust Arnel Law Firm's 35+ years of experience to guide you through every step.

Our dedicated team, led by attorney and CPA Curt Arnel, offers personalized solutions to protect your assets and future. Schedule your free consultation today by calling (718) 550-3024