Talking to your future spouse about a prenuptial agreement is not an easy conversation to have. However, this type of legally binding contract will make asset division easier in the event of divorce or separation.
Our lawyers have experience drafting prenuptial agreements and are available to provide guidance on if it is the right decision for both parties.
What is a Prenuptial Agreement?
Prenuptial agreements are a common legal step to take before marriage. It is a legally binding contract that is designed to protect important assets in the event of a divorce, such as the division of property and finances.
Is a Prenuptial Agreement Right for Me?
Some of the benefits of agreeing to a prenuptial agreement include:
- Simple Asset Separation: Clearly defines who will take ownership of properties, finances, and debts.
- Defines Marital Property: Delegates who will take ownership of each property, including mortgages.
- Protects You from Debt: Determines which spouse will be assigned credit cards, student loans, and mortgages.
- Protects Children: Allows you to set out defined assets that your children will inherit.
Valid Prenuptial Agreements in New York State
In order for a prenuptial agreement to be considered valid and legally binding, it must meet certain criteria. Our lawyers are experienced and will ensure that it meets all of the criteria below:
- It must be drafted before marriage
- It must be in writing
- It must be executed voluntarily
- It must include full disclosure at the time of execution
- It must be fair and just to both parties
- It must be executed by both parties in front of a notary
