Should I sign a prenuptial agreement?

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Before marriage, creating a prenuptial agreement may seem like a bad omen as you are already thinking about divorce while planning your wedding. However, this legal contract has numerous advantages. While some may perceive establishing a prenuptial agreement as evidence of an underlying lack of trust and commitment, this is not necessarily true. The execution of this legal contract can offer each spouse financial protection in the event of a divorce, incapacitation, or death. Therefore, if you’re considering creating a prenuptial agreement before you tie the knot, there are a few things you should start thinking about. Please continue reading to learn what you should consider before signing a prenuptial agreement and how a trusted Suffolk County Prenuptial Agreement Attorney can help you guide you through this proactive approach to marriage. 

What Should I Consider Before Signing a Prenuptial Agreement?

Before getting married, discussing a prenuptial agreement can be a difficult and uncomfortable conversation that causes strain on your relationship. As such, it’s essential to consider whether your future spouse will be receptive to establishing this legal contract. They may not be on board initially, but you can help them mull over the decision by explaining what could happen if you do not establish this agreement and its benefits.

After convincing your partner to establish a prenuptial agreement, consider the validity requirements and state compliances. New York has strict requirements that must be met to have a valid prenuptial agreement that is enforceable in court. If you fail to meet the requirements, the court will likely not adhere to the terms previously stipulated in the contract, meaning the decisions regarding the terms that will apply to the termination of your marriage will fall into a judge’s lap. New York is an equitable distribution state, meaning your marital assets will be split equitably, but not necessarily in an even 50/50 split. With a prenutpial agreement, you can protect your hard-earned assets. You can specify which assets are considered separate property and what will be considered marital property. Separate property is not subject to division in a divorce.

Moreover, it would be best to consider what to put into the prenuptial agreement, such as alimony agreements, debt assignments, inheritances and fits, and other clauses. If you have children and are a financially disadvantaged spouse, you should consider whether you want to waive alimony or leave it up to the courts, as it could affect your financial security in the future. You can ensure that your partner’s debts brought into the marriage remain theirs, protecting you from being held liable. Ultimately, a prenuptial agreement can help you protect your assets in the future.

The bottom line is that there’s much to consider when establishing a prenuptial agreement. As such, you should enlist the help of an experienced attorney from The Law Offices of Susan A. Kassel, P.C., who can help you determine whether signing this contract is the best course of action for your situation.

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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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