If you are planning on getting married, you may be wondering about the legal aspects of your union. One thing to consider is the mingling of your assets. In order to protect your important assets, you may want to consider creating a prenuptial agreement. Read on to learn more about prenuptial agreements in New York.
What is a Prenuptial Agreement?
A prenuptial agreement is a document that determines how a couple’s assets will be split in the event of separation, divorce, or death. Because of these connotations, many people avoid creating prenuptial agreements. This is a common misconception. Prenups in no way indicate a marriage doomed to fail or a lack of trust. Instead, they allow both parties to feel secure and protected as they enter their union. A prenup is meant to protect both parties. Additionally, creating a prenuptial agreement will ensure that you get some important financial discussions out of the way before your marriage, rather than after.
How do I Know if my Prenup is Valid?
There are a few requirements in New York State to ensure the validity of a prenuptial agreement. These include the following:
- 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
Reach out to a knowledgeable family law attorney to help ensure that your prenup is created and filed successfully.
What if I did not Create a Prenup and Changed my Mind?
If you did not create a prenuptial agreement before you were married, you’re still in luck. In this case, you can create a postnuptial agreement. This is the same agreement, but it is created during the marriage, rather than before.
If you are considering creating a prenuptial or postnuptial agreement, contact our firm today. Our team of experienced family law attorneys is here to help you.
Contact Our Experienced Firm Today
Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.