Serving Onondaga, Madison, Cayuga and Oswego Counties
4030 New Court Avenue
Syracuse, New York 13206
phone: 315.463.5747
fax: 315.463.5741
dbellomo@bellomolaw.com

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PRACTICE AREAS

Divorce

Separation Agreements

Postnuptial & Prenuptial
Agreements


Collaborative Law

Cohabitation Agreements

Custody & Child Support

Wills, Health Care Proxy,
Power of Attorney &
Living Wills


Other Areas of Practice

Prenuptial Agreements

A prenuptial agreement and a post-nuptial agreement are interchangeable terms used to describe an agreement between parties contemplating marriage. The agreement will define how the parties intend to handle their financial affairs during the marriage, in the event of a future divorce, or upon the death of either party. These agreements can be important when one or both of the parties have the following;
a. Significant assets
b. Have a business or professional practice
c. Wish to protect assets for children from a prior marriage
d. Anticipate a sizeable inheritance in the future

The parties may waive an interest in future spousal support or put an limitation on future support. A court may review this provision if challenged and if the provision is found to be unconscionable when the agreement was made. The court may also order spousal support regardless of the agreement. However, all other parts of the agreement may remain intact.

Postnuptial Agreements

Even if the parties did not enter into a prenuptial agreement prior to the marriage, parties sometimes want to formulate agreements as to assets and liabilities during a marriage, even though a divorce is not contemplated. Such an agreement may be appropriate when one partner contemplates a risky business venture and the other spouse does not want to share the risk.

Custody and child support will not be enforceable in either of the above agreements. Further, if you intend to sign an agreement in contemplation of marriage, each party should have an attorney representing his or her interest to avoid a defense of overreaching or coercion if a party not represented tries to challenge the validity of the agreement at a later date. These agreements are not always necessary. It is important that you contact an attorney to understand your rights and obligations before you decide to proceed.

I represent clients in Onondaga County, Madison County, Cayuga County and Oswego County. I reside in the City of Syracuse and my office is located at 4030 New Court Avenue, Syracuse, NY 13206.
I can be reached at (315) 463-5747 or by e-mail at dbellomo@bellomolaw.com.

Deborah A. Bellomo • Attorney at Law 4030 New Court Ave., Syracuse, New York

Serving Onondaga, Madison, Cayuga, and Oswego Counties

No charge for initial consultation - evening and weekend appointments on request.
This is a legal advertisment only and does not create an attorney client relationship.

 

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