When two people decide to get married, they make the decision to join their lives together. This means bringing together assets, bank accounts, and more. As a result, many people turn to prenuptial agreements to protect their assets. But, what happens if you are your future spouse are not on the same page when it comes to signing a prenup? Can you be forced to sign one? Read on to learn more about prenuptial agreements in New York.
What is a Prenuptial Agreement?
A prenuptial agreement is a legal document that declares how a couple’s assets will be divided in the event of death, divorce, or separation. As a result, many people refrain from creating prenups and attempt to avoid disucssing them altogether. This is not necessary. Prenuptial agreements in no way indicate a rocky relationship or a future divorce. Instead, they allow you and your partner to discuss important financial matters early on. Many couples do not have these conversations until after marriage, which can cause a lot of problems. Additionally, a prenup is designed to protect both parties, allowing you to protect both yourself and your spouse. That being said, not everyone wants to sign a prenuptial agreement, which can lead to a lot of tension if a couple is not on the same page.
What Makes a Prenup Valid in New York?
In order for a prenup to be considered valid in New York, it must be created and signed under specific circumstances. The circumstances are as follows:
- The prenuptial agreement is in writing
- Includes all financial information about both spouses
- Notarized
- Fair and just to both spouses
- Executed before marriage
- Voluntarily signed by both parties
Can I Be Forced to Sign a Prenup?
You cannot be forced to sign a prenuptial agreement. A prenup must be voluntarily signed by both parties and if it is not, it cannot be considered valid. This means the document cannot be signed under duress, coercion, or manipulation. If you and your spouse are struggling to agree about signing a prenup, contact a family law attorney to learn more about prenuptial agreements and to explore other options.
If you have any questions or concerns regarding prenuptial agreements, contact our firm today to discuss your situation with a knowledgeable attorney.
CONTACT OUR FIRM
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.
