Do I Need a Prenuptial Agreement? What to Know

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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
  • Notarized
  • 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.


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.

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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!

‐ Dave

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...

‐ Joanne


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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