Prenuptial Agreements

10.0Avi Cohen

Meet your Prenuptial Agreements lawyer

As an award winning Prenuptial Agreements lawyer, it is important to me that you first understand what Prenup proceedings entail.

If You’re Thinking About Hiring A Prenuptial Agreements Lawyer You Should Read Below:

Hiring the right prenuptial agreements lawyer is important, in order to ensure the focus is not the stress of the agreement itself, but the burden it will lift and financial freedom it will provide, so that you can both start your new life with zero concerns and focused only on each other. 

 A prenuptial agreement, sometimes referred to as an antenuptial agreement or pre-marital agreement, is a contract between two parties before marriage.  It is generally valid and enforceable given the strong public policy favoring individuals ordering and deciding their own interests through contractual arrangements.  There must be full disclosure of all assets, consent by both parties, and an absence of duress in order for the prenup to be enforceable.  To that end, prenups have become increasingly popular among people of all wealth classifications.  

Prenuptial agreements addressing the ownership, division or distribution of property are often read in conjunction with DRL 236(B), which states that unless the parties agree otherwise in a validly executed prenuptial agreement under DRL 236(B)(3) that upon a divorce, marital property must be distributed equitably between the parties.  Conversely, separate property shall remain separate. 

What exactly is considered “separate property”?  It is defined to include “property described as separate property by written agreement of the parties.  Further, this may include a “provision for the ownership, division or distribution of separate and marital property” and is valid and enforceable if it “is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded.”

As with all contracts, prenuptial agreements are construed in accord with the parties’ intent, which can be gleaned from what is expressed in their writing.  Naturally, a written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms.

Finally, a prenuptial agreement is unique in that it permits the soon-to-be-couple to dictate their financial freedoms during and after the marriage, including equitable division, spousal support payments, indemnification of debts and lawyer fees.  

Postnuptial Agreements

If and when a prenup falls apart before the marriage, and the parties ran out of time to sign one, the solution can come in the form of a postnuptial agreement.  The key difference is that a postnup is entered into after the parties’ marriage.  Thus, a postnup agreement made by the parties during the marriage is valid and enforceable.  Much like a prenuptial agreement, it is a binding contract between a husband and wife regarding the division of their assets, property distribution, waiver in rights of election, and the allocation of spousal support and maintenance upon a divorce.  

The postnuptial agreement as a whole must be unambiguous in its purpose and convey the parties’ intent to mutually waive their rights in the agreed upon marital property.  A postnuptial agreement cannot be entered into through fraud or duress, and it must not contain unconscionable terms.  Postnuptial agreements allow the respective parties to dictate their terms and conditions if things do not work out between them, and one person files for divorce in Supreme Court.

Our key to success

Prenuptial Agreements

When it comes to representing our prenuptial clients, there’s really only one option: individualized attention. You will never be just another file. We understand one hat does not fit all and that each client has different needs. We take the extra time to give each of our clients the personal attention they deserve! 

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Brief Your Case

Unsure whether you should hire a prenuptial agreements lawyer? Or if your situation even requires legal assistance, perhaps you’ve been let down before and unsure if a new pre nuptial agreements lawyer will help?, regardless to the situation, we can still address your concerns. With us, you can brief your case in a quick 15 minute video or phone consultation and decide. 

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22:48 09 Aug 21
I hired Avi to represent me a couple months back and he's been everything i hoped for .He's helping me through a child... support/custody case. Considering the mess it was at the beginning and the stress i was under its has become a lot better thanks to avi. He always is responsive to me whenever i reach out as well. Thank you avi! Anyone considering him dont more
Jacquelyn Carrera
Jacquelyn Carrera
17:07 31 Jul 21
I would like to take the time to say Thank You to Avi Cohen and his team. He represented me on my divorce. I had gone... through a previous law firm who in 2 years did nothing for my case. After doing some research I have decided to go with Avi, wish I found him on my first go around. When I found Avi I was hopeless. However Avi and his team turned everything around for me. Avi and his team were always available , anytime of day and explained everything thoroughly. I am grateful for him and his team to finally bring this to an end. I highly recommend Avi Cohen to represent you in your matters. Forever thankful, as he knows my ex was not the easiest to deal with. Thank you for everything! I appreciate more
karill deros
karill deros
15:58 02 Jul 21
Avi cohen and his team provided outstanding and amazing legal representation. This lawyer is superb , he understand... the law inside out , you get prompt response , great service, I highly recommend this attorneyread more
Asli Yelkenli
Asli Yelkenli
20:20 22 Apr 21
My mom and I can't thank enough to Avi and his team! They are amazing! He is so professional responsible and... honest.They always answer your questions with patience and they get back to you in such a timely manner! My mom saw Mr. Cohen's office while she was traveling to the city on the train and we decided to give him a call and that was the best decision we ever made! Thank you guys again and also thank you to Chante for always replying to my emails in minutes! I highly recommend him to anyone! It was a pleasure to work with him!read more
Utopia Travel
Utopia Travel
04:02 25 Feb 21
I was stuck in a contentious divorce and had nearly lost hope with the trajectory of my case. I initially hired a... different lawyer, who clearly had no interest in his clients unless their case seemed profitable. When I found Avi Cohen everything changed. Avi is an incredible lawyer and a true professional. He was on top on my case from the very beginning, always in contact, replying to my emails within minutes. In the lowest point of my life he cared for my case, for myself as a person, and for the wellbeing of my children. We involved a children's attorney, as he advised, and it made all the difference. He is also very understanding and takes one's financial standing into consideration. I never felt any financial pressure with him and I felt he treated me with great dignity. He advocated for myself and for my children while maintaining a positive attitude and respect for everyone involved. In the end, Avi has a great skill for finding the best solution given your unique circumstances and is unafraid to offer his level-headed honest advice (he also has a great sense of humor). The only thing I would have done differently in this divorce was to ditch my previous lawyer altogether and start with Avi more
Gus Matlis
Gus Matlis
14:37 17 Sep 20
Avi was great. He took the time to work with me and was always prompt and thorough in his responses. He gave me good,... honest advice every step of the way. Highly recommend him!read more
yokaira polanco
yokaira polanco
01:00 25 Feb 20
I have recommended lawyer Avi Cohen to all my friends and family. He is very professional, responsible, reliable and... caring. I would email him at anytime even late nights and this great man would reply to me ASAP. He took care of my collision case for over 4yrs and was always so positive and attentive to all my difficult requests. I’m forever grateful for all you have done for me. Thank you, I really wish many lawyers would be sincere and have the same passion for their more
angel freire
angel freire
14:37 07 Jan 20
I just want to say thank you to Mr. Cohen for his continued attention to detail throughout these past months of my... case. I am grateful to have done my research in finding someone to represent me here in Valley Stream Long Island, who I can trust. I highly recommend his offices and his services to anyone looking for a lawyer and getting settlements to work in their more
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