Nobody sees themselves going through the divorce process. However, sometimes things just don’t work out. This is why you should consider drafting a prenuptial agreement before it is too late. You have a lot at stake, and if you wish to protect your assets in the event of a divorce, you should consider reading more about drafting a prenuptial agreement with your spouse-to-be. If this sounds like something that may appeal to you, read on to learn more.
What are the benefits of a prenuptial agreement?
Without a prenuptial agreement in place, there is a good chance you and your spouse will have to endure the litigation process. This is very often a physically and emotionally draining process. If the terms of your divorce go into litigation, you will be forced into a courtroom setting, and the outcome is unfortunately largely out of your hands. Not only may this have a significant impact on your life, but it may also have a far stronger emotional impact on you, your spouse, and your children. Fortunately, this can all be avoided if you draft a prenuptial agreement with your spouse before you are married. Not only may a prenuptial agreement help you secure your hard-earned assets, but it may also help you protect your family’s inheritance as well.
How do I know I have a valid prenuptial agreement?
When you draft a prenuptial agreement with your spouse, it is best not to do so alone. An experienced attorney will help ensure you complete the process quickly, correctly, and efficiently. The qualifications of a valid prenuptial agreement are:
- The prenuptial agreement must be fair for both parties.
- The prenuptial agreement must include a full disclosure at the time of execution.
- The prenuptial agreement must be notarized, or legalized by a notary.
- The prenuptial agreement must be in writing.
- The prenuptial agreement must be executed before marriage.
Can I draft a prenuptial agreement after marriage?
While prenuptial agreements are strictly reserved for before marriage, it is not too late to draft a postnuptial agreement. A postnuptial agreement essentially functions the same as a prenuptial agreement, but you may only draft one after you are legally married. While many people feel awkward asking their spouse for a postnuptial agreement, this should not be the case. Requesting a postnuptial agreement has very little to do with the confidence you have in your marriage.
Contact our New York firm
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.