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.