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White Plains Divorce Law Blog

Should I fight my prenuptial agreement in court?

Imagine your husband has been having an affair and he wants to get a divorce. You agree, and that's when his lawyer contacts you to remind you of the prenuptial agreement you signed two decades ago - something you had long-ago forgotten about. The question is: Will your prenuptial agreement even hold up in court? Can you challenge it after all these years?

Here are several legal grounds by which you might be able to contest a prenuptial agreement:

8 ways a prenuptial agreement helps

Prenuptial agreements have had a bad reputation for a long time, but in recent years, more and more spouses are seeing the wisdom of these agreements. Essentially, a prenup recognizes that humans aren't perfect, and sometimes we make mistakes when we select the person who we think we want to spend the rest of our lives with. It represents a sound and respectful plan for the possibility of divorce, which hopefully will never occur.

Here are some of the benefits of signing a prenuptial agreement before your marriage:

  • If you have children from a prior marriage, your prenuptial agreement can protect their inheritance rights.
  • A premarital agreement will protect your ownership rights of a professional practice or business.
  • A premarital agreement will protect your future spouse from the debts you currently hold.
  • Premarital agreements protect spouses who give up their lucrative careers to enter into a marriage.
  • Spouses can detail in their prenups how they plan to share responsibilities during marriage.
  • Spouses can use premarital agreements to limit their liability in terms of spousal support.
  • Premarital agreements can protect the financial interests of individuals who have substantial wealth and plan to get married.
  • Premarital agreements create an action plan for divorce, allowing divorces to happen more swiftly and cost-effectively.

What physical child custody arrangements are right for you?

Determining what kind of physical child custody arrangements are right for you will depend on various factors. For example, you'll want to determine what arrangements are best for your child. You'll also need to consider both parent's work schedules. Let's look at these two issues in more detail.

What's right for your child?

Child custody agreements and international travel

When it comes to international travel, parents need to establish some guidelines about the procedures that must be followed when one of the parents wants to take the child outside of the United States.

While it can be an enriching experience for your child to travel overseas with you or the other parent, it can also be dangerous, so it's important that you establish some simple rules. Parents can codify these rules within their parenting plan in the form of parenting provisions that might look something like this:

  • Both parents can travel out of the United States with the child if they provide at a minimum 14 days of notice to the other parent. This notice will include a detailed itinerary showing where the child will be and when, along with phone numbers so the other parent can be in touch if needed.
  • The parents agree to share legal documents, such as birth certificates and passports, with one another if they are required for the child to travel out of the country with the parent.
  • The parents will not apply for passports for the child without first obtaining the permission of the other parent or a family law court.
  • The parents will keep the child's passport in a safe deposit box guarded under court seal.

401(k) assets: 2 divorce mistakes to avoid

Your 401(k) assets represent your future financial security. However, they also represent an asset that probably needs to be divided in your divorce proceedings. If you earned and saved some of your 401(k) during the course of your marriage, then the amount of those assets you acquired during your marriage will be subject to the asset division process.

It's important that you handle the division of 401(k) assets in a way that protects your marital property rights and your future retirement security by avoiding the following mistakes:

Thoughts on electronic security after divorce

If you are recently divorced or are in the midst of a breakup, gaining separation (both physical and emotional) may be your top priority. It is understandable that you want to move on from such a painful experience. In doing so, changing one’s social media profile is part of moving on with life. But while “unfriending” your ex’s friends and switching from “married” to “single” on Facebook, it is critical to consider the full breast of electronic security.

If you think that a selfish or suspicious ex will not try to monitor your moves through your phone’s GPS system or former shared accounts, think again. Even in the “cleanest” breakups, one person may not be ready to let go and may go to extreme lengths to stay close to their ex, especially if children are not involved.  Because of this, it may be necessary to change the settings that allow other users to monitor where the phone may be at a given time.

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