A prenuptial agreement is a document that declares how a couple’s assets will be split in the event that the marriage comes to an end. There are a lot of misconceptions around prenuptial agreements, so read on to learn more about how they can benefit you.
Who Needs a Prenuptial Agreement?
Many people believe prenuptial agreements imply a lack of trust or an unstable marriage. After all, who wants to plan for their divorce before the wedding even occurs? But, this is not the case. In fact, prenuptial agreements can be extremely beneficial to both parties. A prenup is designed to be fair to both spouses and can leave you feeling protected as you enter this new chapter of your life. Another benefit is that creating a prenuptial agreement will allow you and your future spouse to get some important financial conversations out of the way. It is important to make sure you are on the same page about things like this before the marriage so there are no surprises down the line. Another misconception is that prenuptial agreements are only for those of a certain net worth. This is not the case. We all have assets we want to protect.
What Makes a Prenup Valid in New York?
A prenuptial agreement is an incredibly important document. As a result, it must be created and filed a certain way. In order to ensure that a prenuptial agreement is valid in New York, it must be:
- In writing
- Includes all financial information about both spouses
- Fair and just to both spouses
- Executed before marriage
- Voluntarily signed by both parties
What is my Prenuptial Agreement is Found Invalid?
Many couples create prenuptial agreements in the hopes that, if a divorce does occur, they will be able to avoid a lengthy litigation process. If your prenuptial agreement is found to be invalid, you and your spouse will have to re-determine the division of assets. This can be a difficult process, so it is important to contact an experienced attorney to make sure your agreement is created and filed correctly.
If you are considering creating a prenuptial agreement, contact our firm today. We are here to walk you through all of your family law matters.
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.