How Do I Know if a Prenuptial Agreement is Fair?

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couple signing a prenuptial agreement

You’ve worked hard for your assets, and now that you’re about to get married, you’re doing the right thing and drafting a prenuptial agreement to help protect those assets. Of course, at this phase, you likely have several questions about your prenuptial agreement, including what your agreement can protect, what constitutes a fair prenuptial agreement, and more. Please continue reading and reach out to a dedicated Suffolk County prenuptial agreement attorney from the Law Offices of Susan A. Kassel, P.C. to learn more about what may warrant a fair and just prenup and how our legal team can help you through each phase of the process. Here are some of the questions you may have:

What can I protect with a prenuptial agreement?

Prenuptial agreements are fantastic tools for couples who want to protect their hard-earned assets from the pitfalls of a divorce. Just some of the things you can protect in a prenup are as follows:

  • Vehicles owned prior to the marriage
  • Real estate property
  • Assets held in bank accounts
  • Personal property, such as jewelry

Notably, you can also outline certain potential divorce terms for the future, such as those concerning alimony. You should, however, understand that you cannot outline child custody arrangements in a prenuptial agreement. This must be determined at the time of your divorce.

What warrants a fair and just prenuptial agreement?

For a prenuptial agreement to be considered fair and enforceable in the eyes of the law, it must meet several criteria. They are as follows:

  • Prenuptial agreements must be in writing
  • They must include a full disclosure of each spouse’s assets (a crucial part of ensuring the agreement is fair to both parties)
  • There must be no sign of coercion or deceit into signing the prenuptial agreement
  • It must be executed before marriage
  • Both parties must voluntarily sign it
  • It must be notarized

If you have any further questions about prenuptial agreements here in New York State, or you would like to hire an attorney who can help you draft an agreement that best suits you and your future spouse’s needs, look no further than the Law Offices of Susan A. Kassel, P.C. We are here to guide you through each step of the process ahead.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

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.

‐ Craig

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...

‐ Linda

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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