Fourth, you and your most important people need the opportunity to have the agreement verified by a lawyer. This requirement is a problem for many websites that have offered discount agreements. Here in Prenup NYC, a lawyer authorized to make plans in New York and checks your agreement before sending you. If you want to consult another lawyer, we can arrange a discounted meeting or a telephone consultation. The fairness of the Court of Agreement has the power to vary a marital agreement in the interests of fairness (justice). The woman`s renunciation of child support did not put her in danger of becoming a public accusation, so it was not unacceptable. But the provisions of the housing agreement, given the accused`s current responsibilities, such as parents of two-year-olds, raised in luxurious housing and educated in a prosperous community on Long Island`s North Shore, were “simply unfair.” Given the overwhelming need to maintain a sense of continuity in the children`s lives, including the need for the accused to live in close proximity to the children`s school, and the sharp increase in real estate values in this area since the execution of the 13-year marriage contract, there was virtually no prospect that the defendant would be in the $200,000 ceiling imposed by the pre-medar agreement. to find suitable accommodation. The accused also lost his job since the birth of the parties` first child more than 10 years ago, when the complainant earned about $4 million a year and had a fortune of more than $30 million. In these circumstances, capital intervention was warranted. As a result, the Premier Department amended the agreement to increase the defendant`s decent housing needs to $2 million. Faced with the accused`s meagre resources and to keep the children in the community in which they have lived all their lives, the husband was ordered to preserve the house (with the title in his name) until the children were emancipated or moved elsewhere.
A marriage contract is a contract between you and your future spouse before marriage. In a marriage agreement, you and your spouse give the money and property you own before you get married. Then you set out the rights and obligations that each of you will have during the marriage, including how you will share your money and property in the event of divorce or death of any of you. Below are some recent cases from previous years in New York, where courts have examined the validity of certain prenupes. New York law defines both “marital property” and “separate property” and provides that, unless there is a properly executed matrimonial agreement, “marital property” must be distributed equitably and “separated property” must remain separated.