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Putting aside the prenuptial agreement and deciding between us how to divide assets at the time of divorce. is this possible?

New York, NY |

If we get divorced can we ignore the prenuptial agreement and just make another agreement on how to divide our assets without using the prenuptial agreement? As long as we both agree?

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Attorney answers 4

Best Answer
Posted

You need to terminate the agreement by an subsequent writing. So, if you have a prenup, you can execute an new agreement to settle the divorce. This is called a "stipulation of settlement." It in you recite that the prior agreement is specifically superseded. It is best to get a lawyer to draft this to make sure it is in the right form. The court clerks in Manhattan are very strict, and if the paperwork is not perfect, they will reject it.

Posted

The short answer is yes, so long as you reference the pre-nuptial in the divorce settlement so you capture the knowing waiver. For a full assessment, schedule a consultation with a NYC Family Law attorney.

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Posted

Yes, you certainly can. Changes can easily be accommodated by a subsequent written agreement, which will be incorporated into your judgement of divorce. Attention to the details of drafting and executing this agreement will be important, but it does not need to be terribly complicated. Consult with a local attorney to discuss the details in a confidential setting--be sure both parties have separate attorneys so there's no question later that someone "didn't know what they were signing" or anything like that. Good luck!

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

Posted

Yes, if both parties mutually agree to this