When someone facing divorce learns the prenuptial agreement intended to protect his or her assets may be considered invalid, this can be a frightening moment. A family court lawyer in Nassau County will put forth the effort to support that agreement before a judge and maintain its validity if at all possible. In some cases, the person or the married couple has done something that makes the agreement null and void or makes the situation too complicated to uphold.
For instance, a person who owned real estate outright before getting married may want to protect that property if a divorce ever did occur. A prenuptial agreement can accomplish this. However, if, during the course of the marriage, the property owner takes out a loan on the real estate to finance some endeavor of the spouse’s, the court may decide this makes the prenup invalid. The real estate asset and the couple’s finances now have become blended in a complex way.
A Family Court Lawyer in Nassau County has encountered situations in which the client’s spouse claims to have been pressured into signing the document or claims to not have been given time to read it. This person needs to provide evidence that this is the case, and said evidence may be relatively easy to provide. For instance, the best way for a prenuptial arrangement to be set in place is for both parties to be represented by individual attorneys. If the spouse who did not create the agreement did not have legal representation, this may pose a problem. New York State does not require each spouse to have legal representation when the document is signed, but it’s easier to invalidate the agreement if this was not the case.
A family court lawyer in Nassau County understands situations that could invalidate a premarital legal agreement and how to defend a client against losing valuable assets that were acquired before the marriage. It is also important to realize that state laws vary a great deal in these legal documents and address many points. Attorney known as Mitchell M. Shapiro the Defense Lawyer has the experience and knowledge necessary to fight for a client’s rights in court.
