$50k if we divorce in the future. Now i am on the verge of divorce and he is absolutely ready to file it. We both presently reside in NY and i wanted to know if it can be enforced as a pre-nuptial agreement in NY? If the court decides that he should pay me, will the courts force him to pay me even if he is unable to come up with $50k?
Please answer both my questions. i will be grateful for your time!
The Court cannot make the man pay money he truly does not have, even if it is determined that you have a valid pre-nuptial agreement. I suggest you take your agreement to a local attorney to have it reviewed and to see if it meets the requirements to be enforceable in New York. You can find local attorneys among the profiles here on Avvo. Good luck!
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Whether the prenup is valid or not isn't the question - it's what can a court do - and in this case it's limited to giving you a piece of paper which says you're entitled to money. The piece of paper isn't money. It's just a document that says if you find money you can collect it.
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Divorce / Separation Lawyer
Depending on the terms and the formalities of the document, it may be enforceable as a prenuptial agreement. At that point, the question becomes what will the court do. If your husband cannot pay the money, the court will likely award you a judgment for that amount.
It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. <a href="http://www.LouisLSternbergLaw.com">Please visit us on the web.</a>