Although it can be a difficult and uncomfortable discussion, couples must consider creating a prenuptial agreement before they tie the knot. Despite the various benefits of this legal contract, many couples are hesitant to jump on board as they feel that signing it will mean they are admitting that the marriage won’t last or that there is a lack of trust. However, this is not the case. A prenuptial agreement protects both spouses in divorce, incapacitation, or death. As such, anyone getting married, regardless of wealth, should consider having a prenuptial agreement. If you’re considering establishing a prenutpial agreement, it’s in your best interest to contact a trusted Nassau County Prenuptial Agreement Lawyer who can help you meet validity requirements to ensure this legal contract is enforceable. Please continue reading to learn what to consider before signing a prenuptial agreement in New York.
What Should I Consider Before Signing a Prenuptial Agreement in New York?
When it comes to marriage, a prenuptial agreement is an important consideration. This is essentially a written contract between you and your future spouse that outlines how your property will be divided in the event of a divorce. It’s a legally binding contract, which means you must read it carefully and ensure that you understand all of its provisions before signing.
Before signing a prenuptial agreement in New York, it’s crucial to consider the state’s validity requirements. For the terms of a prenutpial agreement to be enforceable, they must meet the strict requirements imposed by the state. If these requirements are not met, the court will likely reject the prenuptial agreement, meaning the terms you previously agreed upon will not be followed in the event of a divorce, incapacitation, or death. You will likely have to write the prenuptial agreement, sign it, have it notarized, and ensure both parties enter it voluntarily. Therefore, working with an experienced lawyer who can help you draft a well-constructed prenuptial agreement that meets state compliance is essential.
Another consideration you should keep in mind is what you want to include in the prenuptial agreement. To determine what to put into this contract, you should note that New York is an equitable distribution state. This means that marital property will be divided fairly between both parties, but not necessarily in an even 50/50 split. Essentially, your spouse could be awarded a larger share of marital assets. As such, you should attempt to keep decisions regarding property division out of the court’s lap. In a prenuptial agreement, you can stipulate what assets are considered separate vs martial property. Separate property is not subject to equitable distribution. If you want to protect certain assets, make it your separate property in the prenuptial agreement.
Ultimately, there are numerous components that couples should consider before signing a prenuptial agreement. If you’re interested in establishing this legal contract, please don’t hesitate to contact an adept lawyer from the Law Offices of Eyal Talassazan, P.C., who can help you take the necessary steps to safeguard your hard-earned assets for the future.