When you and your partner decide to spend the rest of your lives together, it is an incredibly exciting time. Whether you’re planning a big wedding or small ceremony, there may be one important thing you’re forgetting – discussing a prenuptial agreement! Though you may assume it’s bad luck to talk about divorce before you even say “I do,” this is an important conversation to have. If you’re not sure what the function of a prenup is or how to establish one, you’ll want to keep reading. The following blog explores what you should know about these matters, including the importance of working with a Long Island prenuptial & postnuptial agreement lawyer to guide you through this process.
How Does a Prenuptial Agreement Work in New York?
A prenuptial agreement is a document a couple creates before they are legally married that outlines what happens to their assets and other financial considerations in the event they should file for a divorce. This document can be beneficial, as it helps simplify the divorce process and protect assets by clearly defining separate versus joint property and who is entitled to what in the event of a divorce. Additionally, this process can help provide peace of mind, as both spouses know what to expect should they divorce, which can help each party make necessary financial preparations.
It’s important to understand that many people believe that a prenuptial agreement is a sign of trouble in a relationship. In reality, you’ll find that creating this document can help ensure you and your future spouse are on the same page financially, as you must fully disclose all assets and liabilities. Additionally, this creates a strong financial foundation for the marriage, as you can understand the goals of your partner better
How Do I Create One?
If you and your soon-to-be spouse have decided that a prenuptial agreement is right for your relationship, it’s imperative to understand the process of establishing this document. Generally, the most important thing you should consider is the importance of working with an experienced attorney during this process. Unfortunately, many assume they can create a prenup without legal guidance, which can lead to serious issues. In the event you file for divorce, you may find that the prenup you signed is invalid or contains terms and conditions that are unenforceable. As such, working with an attorney can help ensure your contract not only helps protect your best interest in these complex matters but is also legally enforceable.
Your attorney can help you negotiate the terms and conditions of the document, as well as define what property is marital and separate, and explicate matters like alimony ahead of time. It’s important to understand that to be considered legally valid, the terms and conditions of this document must be entered voluntarily, and the judge must consider the agreement fair.
Though it may seem difficult to approach the conversation with your spouse, determining if a prenup is right for your relationship is critical. If you determine that it is, it’s critical to connect with an experienced attorney who can help guide you through this process. At the Law Offices of Jay D. Raxenberg, we are here to assist you in creating this document. Contact us today to learn how we can fight for you.
