Can My Fiancé Force Me to Sign a Prenuptial Agreement?

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Can My Fiancé Force Me to Sign a Prenuptial Agreement?

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.

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I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

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I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

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After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

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I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

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The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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