When it comes to a marriage, two families must come together. For some families, this can be more challenging. Parents and their children do not always agree when it comes to matters of marriage. Parents are often protective over their children, which can mean being protective over their finances as well. For this reason, it is not entirely uncommon for people to wonder if they can be forced to sign a prenuptial agreement. Read on for more information regarding prenuptial agreements in New York and what makes a prenup valid.
What is a Prenuptial Agreement?
A prenuptial agreement is a document that declares what will happen to your and your spouse’s assets in the event of death or divorce. Many couples avoid signing prenuptial agreements because of the stigma attached to them. But, in reality, signing a prenup in no way indicates a failed marriage. In fact, it allows you and your fiancé to get some uncomfortable financial conversations out of the way before the marriage. Additionally, it allows both you and your spouse to be protected. The future is unpredictable and there is nothing wrong with planning for all possibilities. That being said, a prenuptial agreement is not for everyone.
What Makes a Prenup Valid?
In order for a prenuptial agreement to be considered valid in New York, it must meet the following requirements:
- The agreement must be executed voluntarily by both parties
- The agreement must include a full financial disclosure by both parties
- The agreement must be fair and just to both parties
- The agreement must be notarized
- The agreement must be signed before the marriage occurs
Can My Fiancé’s Parents Force Me to Sign a Prenuptial Agreement?
So, if someone attempts to force you to sign a prenuptial agreement, the prenup will not be considered valid under the eyes of the law. The agreement must be signed voluntarily by both parents. If there is evidence of coercion or manipulation, the prenup cannot be considered valid.
If you have any questions regarding prenuptial agreements or any other aspects of a marriage, contact our firm today to speak with a skilled attorney. We are here to walk you through all of your family law matters.
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