Marital Agreements
Recently, we have received several questions regarding marital agreements such as prenuptial and separation agreements. The questions seem to focus on whether or not the agreements are binding. Primarily whether or not a court can decide to modify the terms of such agreements if they are deemed unfair. The truth of the matter is that these types of agreements are legal contracts. If executed in compliance of the required formalities, then these agreements are generally binding. Modifications to these agreements are permissible as long as both parties consent and follow the appropriate formalities for modifications. Courts, however, will tend not to modify the terms of such agreements unless there are extenuating circumstances. It is not an easy task to convince a judge to alter or void the terms of these marital agreements. One exception to this general conclusory statement is when the best interest of an involved child would dictate that the Court intervene and impose its will. These agreements are very intricate and the necessary terminology can be the difference in whether one of these marital agreements are valid and enforceable or possibly declared void and meaningless. As always, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a family law attorney!
Divorce vs. Separation Agreement
The difficult decision between divorce vs. separation agreement is not easy to make. Many people who are interested in terminating their marital relationship are unclear about the method of doing so. They ponder whether or not they should file for divorce or simply discuss a separation agreement with their spouse. The truth is that each case is different and what may be the best thing for you may not be the best thing for someone else. This is because some couples have severe communication difficulties which makes it nearly impossible to negotiate a separation agreement. Hiring legal counsel to negotiate these agreements may help to resolve important issues more expeditiously. Attorneys may not always be able to help the couple work out their issues however. In these cases, filing for divorce may be the only realistic way of terminating a marriage. As always, you should consult with an attorney to discuss your options in detail before making any decision on which method of matrimonial termination is best for you.
Long Island Divorce Attorneys
If you are unsure about how to terminate your marriage and you have questions, please feel free to contact us today to speak with a family lawyer at (516) 858-2620!
No Fault Divorce
No fault divorce in New York ?
With a bill pending that would allow New Yorkers to obtain a divorce under “No Fault” grounds, our office has been receiving some questions. I hope that this can clear some of those questions up for people. The bill would allow parties to terminate their marriage without meeting the requirements of the six traditional grounds for divorce in the New York Domestic Relations Law section 170. “No Fault” divorce therefore, in essence eliminates the issue of grounds from litigation. It is unquestionable that this does make it easier to obtain a divorce in New York. It is however, not as easy as it sounds. All other issues must be worked out or determined before a successful “No Fault” divorce can be granted. Therefore, maintenance issues (which also have a pending change forthcoming), child custody, visitation, child support, equitable distribution of property, etc., must all be resolved through traditional means.
Since grounds for which a divorce may be obtained are litigated on a lesser level than other matrimonial issues in the first place, this new development does not make things as easy as it sounds. When it does take effect however, New Yorkers will no longer be considered a “difficult” state to end a marriage due to the lack of “Irreconcilable Differences” as a ground.
If you have any further questions about this new development in New York Law, please feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!
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