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REGARDING A PRENUPTIAL AGREEMENT.IS IT TRUE THAT IN FLORIDA DISCLOSURE OF ASSETS CAN BE WAIVED AND IS THIS THE SAME IN NEW YORK?

New York, NY |
Filed under: Prenuptial agreement

WANT TO KNOW IF DISCLOSURE OF ASSETS IN NEW YORK CAN BE WAIVED BY BOTH SPOUSES AND STILL HAVE A VALID ENFORCEABLE PREMARITAL AGREEMENT...?

Attorney Answers 5


  1. Best answer

    An agreement, pre-nuptial or otherwise, which does not involve the future of children, can validly bind the parties even if they waive disclosure. No thinking spouse-to-be should agree to this since it is common enough that a party will delude the other party, even if entering marriage. At least consult an attorney to review it before you sign the agreement.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  2. I can't say what the law is in Florida, but yes, disclosure can be waived in New York. It's just not advisable. For a full assessment, schedule a consultation with a NYC Divorce attorney.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.


  3. Disclosure can be waived in NY but why do it? You may miss huge assets you may be entitled to.

    Good luck.


  4. If you want Florida law re-post your question on the Florida Avvo page.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  5. What happens in Florida stays in Florida...

    I may be guessing or not licensed in your state. No atty/client relationship exists. I earn my living collecting points for "helpful" answers.

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