Prenuptial Agreements New York

Prenuptial Agreements in New York: What You Need to Know

Prenuptial agreements, or prenups, are becoming increasingly popular among couples who are planning to get married. These legal agreements outline how assets will be divided in case of a divorce, and can help protect each spouse`s financial interests. If you`re planning to get married in New York, it`s important to understand the rules and regulations surrounding prenuptial agreements.

What is a Prenuptial Agreement?

A prenuptial agreement is a legal document that outlines how assets will be divided in the event of a divorce. It`s a contract that is signed by both partners before they get married. Prenups can cover a variety of financial issues, such as property, income, debts, and spousal support. They can also address issues related to inheritance, business interests, and retirement accounts.

Why Get a Prenuptial Agreement?

There are many reasons why a couple may want to consider a prenuptial agreement. One of the most common reasons is to protect assets that were acquired before the marriage. For example, if one spouse owns a business or property, they may want to ensure that these assets remain theirs in case of a divorce. Prenups can also be used to ensure that each spouse`s debts and obligations are protected.

Another reason to get a prenuptial agreement is to clarify the financial responsibilities of each partner throughout the marriage. This can include decisions about who will pay for specific expenses, such as mortgages, car payments, and credit card bills. Prenups can also be used to ensure that each spouse`s income is protected, especially if one partner earns significantly more than the other.

How to Get a Prenuptial Agreement in New York

In New York, prenuptial agreements must meet certain requirements in order to be legally binding. Firstly, the agreement must be in writing and signed by both partners. It`s important that each person reads and understands the terms of the agreement before signing. Secondly, the prenup must be notarized in order to be enforceable.

It`s important to note that prenuptial agreements cannot be used to waive child support, and certain provisions related to child custody or visitation may not be enforceable. Additionally, if one partner is found to have coerced the other into signing the prenup, the agreement may be invalidated.

Conclusion

If you`re considering a prenuptial agreement in New York, it`s important to consult with an experienced attorney who can help you navigate the legal requirements. A well-written prenup can provide peace of mind and help you protect your financial security in case of a divorce. Talk to your partner and consider all your options before making a final decision.