There are a number of reasons why individuals may want to enter into a prenuptial agreement before marriage. This is something that couples should have an extensive conversation about before they walk down the aisle. There are some spouses who may be offended when asked to sign a prenup. But some spouses look at it as the best way to protect their assets.
A prenuptial agreement is a written document that outlines how the finances will be divided in the case a divorce takes place. All states have different prenup agreements, but as long as New York’s are done in accordance with state law, it will be valid and binding.
With a prenup, the assets and property that the spouse wants to keep separate from the marital property will be listed within the agreement. This could be land or any other things of value. There are some people who may jewelry or heirlooms that have been a part of the family for generations. If you are going through a divorce and want to make sure your prenup is up to snuff, contact a prenup attorney for more information. They will guide you through the process and let you know if your paperwork is legitimate.
Many times, issues with money are the main reason for a prenup. Most importantly spousal support. Before the marriage takes place, a person can have what the spouse will be receiving monthly already mapped out. However, a prenup can work both ways: it can award spousal support or bar a party from getting it. If you need guidance concerning a prenuptial agreement, there are a number of experienced lawyers who can help you with your case. A prenup shouldn’t mean a headache.
Individuals should know that a prenuptial agreement can only be in writing. It is not an oral agreement and cannot be enforced as such. An experienced attorney should also let a person signing a prenup know exactly what they are signing and the possible ramifications. If the court believes it was done under duress or coercion, it will be invalidated. There also cannot be any fraud involved or duly unfair to the other party. If the court believes it is unfair, the agreement can be modified.
Under New York law, prenups cannot address issues of child support or custody. Courts are required to act in the child’s best interest. Parents cannot bargain away their children’s future. Both parents are have an obligation to take care of their children financially. If you need more information, find an experienced prenup attorney to handle your case.
Any person who has a thought of having a preup drawn up should contact an experienced attorney immediately. A skilled attorney will make sure the agreement is legal and iron clad. Everything will be in line with the laws of New York. A seasoned attorney can let you know if it is enforceable and up to what you agreed to.
If you or someone you know needs legal advice regarding prenup agreements, seek out the help of an attorney. This can make a huge difference in how your assets are divided up. There may be many things you have a right to keep for yourself and your children. Don’t let someone take things that they may not deserve. Sit down and discuss your concerns with an attorney.