Heidi E. Opinsky

The Law Offices of Heidi E. Opinsky, LLC

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Prenuptial Agreements

Prenuptial Agreements
for Fairfield, CT; Manhattan, NY; All of New York and Connecticut

Protect Your Property and Assets

Recognize the inherent value of protecting your property and estate with prenuptial agreements in NY and CT. Whether through careful estate planning, protective insurance policies, or other methods, safeguarding the income and property you have spent a lifetime obtaining is highly important. As such, when entering a marriage this level of diligence and protection should not be any different. The fact that approximately 50 percent of marriages end in a divorce is a very prudent reason for individuals to enter into prenuptial agreements in NY or CT. This is particularly critical when one or both parties are moderate to high net worth earners or have substantial assets they have earned before or after the marriage and through family-funded trusts, wills and estates, as divorce actions may be time-consuming, complex and costly.

Once a settlement agreement has been reviewed, approved, and signed by the court, it is a contract that is subject to all enforcement options, including the potential for a party to the agreement to be held in contempt of court for violations of the final divorce order. Before being approved, the agreement will need to be found to be fair and equitable, as well as in accordance with all relevant legal requirements. Working with an experienced divorce attorney will ensure that this happens.

  • The agreement is fair and equitable, specifically, there are no unconscionable terms that render the agreement invalid.
  • Both parties entered into the agreement willingly, without coercion, duress, undue influence, fraud, or any other actions that may have led one party to believe he or she had no choice except to sign the agreement.
  • There were no assets hidden or otherwise concealed from one party to the agreement; this includes disclosure of all the assets, income, and liabilities of each party before entering into the agreement so both parties are informed and cannot claim improprieties of the agreement later.

When a couple is going through a divorce, it is important to locate a prenuptial agreement. It may be that a couple entered into a prenuptial agreement that was superseded by a subsequent postnuptial agreement. Family law counsel should review the family trusts and estate documents to ensure that these estate documents are not in conflict with the marital agreements meant to preserve and protect family-held businesses, real estate, estates, assets, and property.

During a divorce action, a court will examine the prenuptial agreement to determine fairness and equity and if either of the parties challenges the enforcement of the agreement. Another consideration is whether both parties were represented by attorneys during the negotiation, drafting, and execution of the agreement. A judge may choose not to enforce an agreement that appears to be unfair, inequitable, or unconscionable and against public policy.

New York and Fairfield County Prenuptial Agreement Lawyer Heidi E. Opinsky and her seasoned team of legal professionals represent moderate to high net worth individuals who are seeking to divorce while protecting their separate property and income from distribution as part of the marital estate or as part of spousal support awards determined by a court or sought by opposing counsel. Fairfield County Family Attorney Heidi Opinsky has successfully represented clients who need to have an agreement drafted, are seeking a divorce and want to enforce the prenuptial agreement, and those who want to challenge the agreements.

Skilled Fairfield County Prenuptial Agreement Attorney Serving Connecticut and And New York

There are times when prenuptial agreements are fair and reasonable and other times where it would be a grave injustice for a court to enforce the contract. At The Law Offices of Heidi E. Opinsky, our professional divorce lawyer has the knowledge and litigation experience to navigate through these sophisticated distinctions. Our offices are based in New York and Connecticut, and proud serve clients throughout Stamford, CT; Fairfield, CT; Greenwich, CT; Darien, CT; Wilton, CT; New Canaan, CT; Ridgefield, CT; Manhattan, NY; and all of Westchester County, NY.

If you need assistance drafting a prenuptial agreement, we welcome you to contact us at 203-653-3542 to schedule a confidential consultation.