What to Know About Prenuptial Agreements in New York

What to Know About Prenuptial Agreements in New York

A prenuptial agreement is a document that declares what happens to your assets in the event that your marriage comes to an end through separation, divorce, or death. Because of these implications, many people shy away from creating prenuptial agreements. In reality, a prenuptial agreement in no way indicates an unstable marriage or impending divorce. Instead, it allows both parties to enter their union feeling safe and secure. Read on to learn more about prenuptial agreements, what you can and cannot include, and how to create a valid agreement in New York.

What can be Included in a Prenuptial Agreement?

A prenuptial agreement can cover a lot of different topics. In a prenup, you can:

  • Determine how property will be distributed in a divorce
  • Document both spouses’ right to buy, sell or manage marital assets
  • Detail both spouse’s right to join and separate property in a divorce
  • Document how life insurance policies will be handled
  • Preserve their assets, such as inheritances or any other asset accumulated before, or during a marriage

It is important to note that there are certain things that cannot be included in a prenuptial agreement, such as child custody.

What Makes a Prenuptial Agreement Valid in New York?

Prenuptial agreements are important legal documents. As a result, they must be carefully created and filed. In order to be considered valid in New York, your prenuptial agreement must meet the following requirements:

  • They must be in writing
  • They must be fair and just for both parties
  • They must include full disclosure of each spouse’s financial situation
  • They must be executed before marriage
  • They must be notarized

To ensure that all requirements are met, you should speak with an experienced attorney.

Can I Make a Prenuptial Agreement After My Marriage?

A prenuptial agreement is specifically created before a marriage occurs. But, if you have already gotten married and have decided to create some type of agreement, you are in luck. You can create a postnuptial agreement. This is the same agreement, but it is created after the wedding has occurred.

If you are interested in creating a prenuptial or postnuptial agreement, contact our firm today. Our team of experienced and dedicated attorneys is here to help you with all of your family law matters.

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.