Collaborative New York Prenuptial Agreements

Securing Your Future Through Transparency and Partnership

At the Law Offices of Norka M. Schell, LLC, we view a prenuptial agreement not as a sign of doubt, but as a sophisticated tool for collaboration. Led by Norka M. Schell, Esq., with over 35 years of experience, our firm helps couples move beyond state-imposed rules to create a personalized financial roadmap for their marriage.

A prenuptial agreement is a contract entered into before marriage where you and your future spouse disclose all assets and debts to define your rights and responsibilities. By doing so, you take control away from the state and place it in your own hands.

The Schell Collaborative Method: Our 10-Step Process

We guide you through a deliberate journey to ensure your agreement is both equitable and legally “bulletproof” under New York law.

1. Engagement: Establishing our formal attorney-client relationship.
2. Initial Discussion: Identifying your unique goals for the marriage.
3. Comprehensive Consultation: Explaining how New York Domestic Relations Law applies to your specific situation.
4. Financial Information Gathering: A deep dive into full and fair disclosure of all money and property.
5. Provision of Disclaimers: Ensuring you understand exactly what rights you are keeping or waiving.
6. Drafting the Terms: Creating a clear outline of the agreement’s pillars before final drafting.
7. Negotiation: Working respectfully with your partner’s counsel to reach a fair middle ground.
8. Drafting the Full Agreement: Crafting the formal legal document with meticulous precision.
9. Execution: Overseeing the formal signing and acknowledgment—required by NY law to be as formal as a property deed to be valid.
10. The Marriage: Transitioning into your new life with total peace of mind.

Key Issues We Address

Under the guidance of a seasoned attorney, your agreement can cover a wide range of essential protections:

1. Defining Separate vs. Marital Property

The assets you bring into a marriage are “separate property.” However, without a clear agreement and proper titling, these can easily become “marital property” subject to equal division. We help you identify:

• Pre-marital Homes: Ensuring a house you owned prior to marriage remains your sole property.
• Inheritances: Confirming that future family legacies stay in your name, provided they remain uncommingled.
• Investment Protection: Advising on how to prevent separate funds from becoming marital assets.

2. Establishing Maintenance (Alimony)

We can establish support levels for a spouse during or after a marriage—particularly vital if one partner pauses a career to raise children—or agree that no support will be paid.

3. Protecting Children & Prior Debts

• Prior Marriages: Ensuring children from previous relationships are financially protected.
• Pre-marriage Debt: Stipulating that substantial debts brought into the union remain the responsibility of the original debtor.

4. Navigating Child Custody & Support

While a prenuptial agreement cannot definitively lock in custody or support for unborn children (as NY courts must always rule based on the “best interests of the child”), we provide the necessary counsel on how these issues are reviewed by the court.

Ensuring Enforceabili

In New York, prenuptial agreements are presumed valid, but they can be challenged. With 35 years of experience, Norka M. Schell ensures your agreement avoids common pitfalls:

• Independent Counsel: We strongly advise separate attorneys to avoid claims of unfairness or overreaching.
• Full Disclosure: We prevent “fraud” challenges by ensuring every asset is honestly accounted for.
• Avoiding Coercion: We manage the timeline so neither party feels pressured or rushed before the wedding.

Consult with a Trilingual Legal Expert

Whether your assets are local to New York or international (including Brazil), our firm provides the trilingual (English, Portuguese, Spanish) and multi-jurisdictional expertise you need.

Law Offices of Norka M. Schell, LLC 11 Broadway, Suite 615, New York, NY 10004

Phone: 212-258-0713

Email: norka@lawschell.com

Website: www.thelawschell.com