“I think this topic is important to convey to non-matrimonial attorneys because they may look at a prenuptial agreement as a basic contract that any lawyer can draft on behalf of their client,” Borrino said.
According to Borrino, matrimonial law and the Domestic Relations Law is a set of New York State statutes that governs family law matters and the legal rules for how courts handle relationships within families. An attorney unfamiliar with these terms can end up drafting an agreement that will later be determined by the court to be unenforceable. “They would essentially open themselves up to potential malpractice claims,” Borrino said.
Hon. Lillian Wan and Bart Russo, Esq. Photo: Mario Belluomo/Brooklyn Eagle
Borrino emphasized that a critical element in dealing with prenups is that each party should be represented by counsel. “It’s not a good idea to have people enter into a prenup without an attorney,” she said, adding that emotional anxiety and duress cannot be a factor in the acceptance of an agreement either, “and it should also not be signed too close to the wedding date.”
As for what is key regarding prenuptial agreements, Borrino stressed “financial disclosure, full disclosure of each party’s assets. I recommend a full financial disclosure of all assets, debts and each party’s income coming into the marriage,” Borrino said.
Borrino also revealed a new trend regarding prenups: younger people requesting them. “It might be because they’re getting married a little older now and coming into a marriage with an established career and with more assets,” she said.
Borrino said she hopes that spectators would leave the CLE with the thought that if they do not practice in this area of law and are going to draft a prenuptial agreement on behalf of their client, that they take the time to research and become familiar with the laws surrounding prenuptial agreements.
Steven Bamundo, Esq., and Hon. Patricia DiMango. Photo: Mario Belluomo/Brooklyn Eagle
Borrino currently practices in the area of matrimonial and family law. She initially practiced in the areas of real estate and civil litigation. Borrino received her juris doctorate from Brooklyn Law School and graduated cum laude from St. John’s University.
During law school, she was a law clerk at the boutique law practice, Caruso, Caruso and Branda, P.C. Borrino also is the 2019 recipient of the Brooklyn Daily Eagle Champions of Justice Award.
Attorney feedback
Legal professionals in the room shared their thoughts on Borrino’s presentation.
Michael Benjamin, Esq., said the CLE was “of the highest quality.”