Recently, we have received several questions regarding marital agreements such as prenuptial and separation agreements. The questions seem to focus on whether or not the agreements are binding. Primarily whether or not a court can decide to modify the terms of such agreements if they are deemed unfair. The truth of the matter is that these types of agreements are legal contracts. If executed in compliance of the required formalities, then these agreements are generally binding. Modifications to these agreements are permissible as long as both parties consent and follow the appropriate formalities for modifications. Courts, however, will tend not to modify the terms of such agreements unless there are extenuating circumstances. It is not an easy task to convince a judge to alter or void the terms of these marital agreements. One exception to this general conclusory statement is when the best interest of an involved child would dictate that the Court intervene and impose its will. These agreements are very intricate and the necessary terminology can be the difference in whether one of these marital agreements are valid and enforceable or possibly declared void and meaningless. As always, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak to a family law attorney!
Marriage Equality Act (MEA)
Recently we have received several phone calls regarding the Marriage Equality Act. The Marriage Equality Act is the act which has changed the New York Domestic Relations Law to allow the parties to a marriage to be of the same sex.
This act also ensures that all benefits that are given to heterosexual married couples also be given to homosexual married couples; whether these benefits stem from legislation, common law, administrative or court rule, public policy or however else. This MEA has gone into effect as of July 24, 2011. In the Dickerson v. Thompson ruling, the Court points out the fact that The MEA also provides that valid out of state same sex marriages will be recognized and treated the same as valid in state marriages of any kind.
Long Island Divorce Attorneys
As always, if you have any questions regarding The Marriage Equality Act, please feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 to speak with a Family Lawyer!
In the past few months we have received a lot of phone calls from people who either attempted to file their own uncontested divorce or hired the cheapest attorney they could find to file their uncontested divorce for them. Unfortunately, these folks have found out the hard way, that mistakes in the paperwork or the filings of these uncontested types of divorce can lead to serious delays and stress. Although an uncontested divorce is not as technically challenging as a contested divorce may be, it should still be taken seriously. An uncontested divorce controls the manner in which a marriage is dissolved. Issues of child custody, child support, maintenance, and property distribution are all at stake when these divorce papers are prepared and filed. It is very important that you find a competent professional to prepare and file your divorce. Saving several months time and a lot of money that it takes to fix mistakes in the divorce process is well worth the slightly higher cost that you may pay. As always, if you have any questions or concerns, feel free to contact the Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620!