The Benefits of a Prenuptial Agreement in New York State

While there is often a stigma attached to requesting a prenuptial agreement, this should not be the case. Many seem to think that requesting such a document would imply that they do not have very much confidence in the durability of their marriage. However, this is simply not true. Before making the commitment of marriage, it may be worth considering getting a prenuptial agreement, as it may someday help you protect your assets.

What are the benefits of getting a prenuptial agreement?

In today’s world, getting a prenuptial agreement is certainly not uncommon, and even if you genuinely believe nothing will ever happen to your relationship, it usually does not hurt to consider a prenuptial agreement. Not only will a prenuptial agreement help you retain the assets you worked for before your marriage, but in the event of a divorce, it may also help you secure your family’s inheritance. Hopefully, with a prenuptial agreement, you will achieve peace of mind and focus on the things that truly matter in your life.

How do you know if your prenuptial agreement is valid?

There are several qualifications for a valid prenuptial agreement in the state of New York. Review a list of these qualifications here:

  • Your prenuptial agreement must be in writing
  • Your prenuptial agreement must include both spouse’s financial information
  • Your prenuptial agreement must be notarized
  • Your prenuptial agreement must be fair for both spouses
  • Your prenuptial agreement must be executed before marriage
  • Your prenuptial agreement must be voluntarily signed by both parties.

What are some of the main issues and scenarios that a prenuptial agreement may cover?

A prenuptial agreement may cover:

  • Loyalty and fidelity
  • Inheritance of finances
  • Spousal support
  • Property assets
  • The appreciation of assets

Can you reach a similar agreement if you are already married?

While you cannot get a prenuptial agreement once you are married, you can establish something similar: if both spouses are willing, they may draft a postnuptial agreement. While this conversation may be a bit more difficult to have, that does not mean it isn’t worth it. Since nothing in life is guaranteed, it is always best to prepare for the future.

Contact a Suffolk County family law firm

Marriage is a huge part of our lives, and it is also a huge step to take. Before making such a big decision, perhaps it is best to consult an experienced attorney to see how drafting a prenuptial agreement may benefit you.

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.