Manhattan Prenuptial Agreement Attorney Richard Roman Shum Explains How Prenups Protect Assets and Clarify Financial Expectations

NEW YORK, NY - Couples planning to marry in Manhattan increasingly recognize the value of prenuptial agreements in protecting assets and establishing clear financial expectations before marriage. Manhattan prenuptial agreement attorney Richard Roman Shum of the Law Office of Richard Roman Shum, Esq. PLLC (https://www.romanshum.com/manhattan-prenup-lawyer/) guides couples through the prenuptial agreement process to create enforceable agreements that reflect their values and protect their interests.

According to Manhattan prenuptial agreement attorney Richard Roman Shum, prenuptial agreements under New York Domestic Relations Law Section 236(B) allow couples significant freedom to contract around default rules that would otherwise apply to their marriage. Without a prenuptial agreement, New York's equitable distribution laws control how courts divide property upon divorce. "A prenuptial agreement provides clarity about financial expectations and can protect premarital assets, business interests, and inheritances," explains Shum.

Manhattan prenuptial agreement attorney Richard Roman Shum emphasizes that New York law requires specific elements for enforceability. Both parties must provide complete and accurate disclosure of their assets, debts, income, and financial obligations before signing the agreement. The agreement must be in writing, subscribed by the parties, and acknowledged or proven in the manner required to record a deed.

Attorney Shum notes that timing plays a critical role in enforceability. Presenting an agreement days before the wedding, when invitations have been sent and deposits paid, can constitute duress. "New York courts expect couples to negotiate prenups well in advance of the wedding date, giving each party time to review the terms with an attorney and make informed decisions," he adds. Courts examine both the procedural fairness of how the agreement was negotiated and the substantive fairness of its terms.

The firm handles prenuptial agreements for Manhattan couples in diverse situations, from those with significant assets to those entering second marriages with children from prior relationships. Prenuptial agreements can address property division, spousal maintenance, business interests, retirement accounts, and debt allocation. However, New York law prohibits prenuptial agreements from addressing child custody, visitation, or child support, as courts determine these issues based on the child's best interests at the time of divorce.

Shum advises that each party should retain separate counsel to review the agreement and advocate for their interests. "Sharing an attorney creates a conflict of interest that could invalidate the agreement," he observes. Independent representation ensures that each party understands how New York law would divide their property without a prenup and helps them determine which provisions best serve their situation.

For Manhattan couples considering a prenuptial agreement, starting the process at least three to six months before the wedding date provides adequate time for financial disclosure, attorney review, negotiation, and revisions. "The goal is creating an agreement that protects both parties fairly and leaves you both comfortable entering the marriage," notes Shum.

About Law Office of Richard Roman Shum, Esq. PLLC:

The Law Office of Richard Roman Shum, Esq. PLLC is a Manhattan-based family law firm dedicated to helping families face legal challenges in family and divorce law. Led by attorney Richard Roman Shum, a lifelong New Yorker and resident of the Lower East Side, the firm practices family law with a focus on peaceful resolutions. For consultations, call (646) 259-3416.

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Email: richard@romanshum.com

Website: https://www.romanshum.com/

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