New York Prenuptial Agreement With Australia

State:
New York
Control #:
NY-P035-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package can be used by persons who have been previously married, or by persons who have never been married. It includes provisions regarding the contemplated marriage, assets and debts disclosure and property rights after the marriage. The forms describe the rights, duties and obligations of prospective parties during and upon termination of marriage through death or divorce.


These forms are often used by individuals who want to ensure the proper and organized disposition of their assets in the event of death or divorce. Among the benefits that prenuptial agreements provide are avoidance of costly litigation, protection of family and/or business assets, protection against creditors and assurance that the marital property will be disposed of properly.


Included in your package are the following forms:



1. Prenuptial Premarital Agreement without Financial Statements;

2. Amendment to Prenuptial or Premarital Agreement;

3. Financial Statements only in Connection with Prenuptial Premarital Agreement;

4. Revocation of Premarital or Prenuptial Agreement

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Premarital Agreement

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FAQ

Instead, New York state law sets forth the rules and requirements for prenuptial agreements. Basic contract rules apply to prenuptial agreements in New York. Specifically, an agreement should be in writing and signed by the future spouses before a notary public. The prenup doesn't take effect until a couple marries.

In the U.S., courts have discretion to recognize foreign prenuptial agreements and will generally do so unless the agreement is found to be unconscionable or one that otherwise frustrates public policy.

Prenuptials, or Financial Agreements as they are referred to in Australian jurisdictions, are valid, and spouses are free to enter into them at any point in a relationship, as a means of clarifying financial issues between the parties.

A prenuptial agreement for international couples is generally prudent and appropriate. But international prenuptial agreements are traps for the unwary or unknowing. They are extremely important to clients but must be handled with great care by knowledgeable and experienced international family law counsel.

First of all, are Prenuptial Agreements legally enforceable? Yes. The official name for a Prenuptial Agreement in Australia is a 'financial agreement' under section 90B of the Family Law Act 1975.

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New York Prenuptial Agreement With Australia