Nassau County Prenuptial Agreement Lawyers
Divorce proceedings are often heated and in most cases messy. This can be avoided through a prenuptial agreement. A prenuptial agreement, also known as an antenuptial agreement refers to a contract entered by couples intending to get married. The agreement spells out issues such as property division and the rights and responsibilities of each partner. In most states, including New York, the agreement is effective as soon as the two get married. It is crucial to note that, a prenup must be done in writing and presented to a notary public. An unsigned or oral agreement cannot be upheld.
When should you consider a prenuptial agreement?
In the past, prenups were mainly seen as a reserve for the rich and famous. However, there are many other people and instances when it would be ideal to get a prenuptial agreement. If you are a single parent and you wish to get married, you can get a prenup so as to protect the inheritance of your child.
There are also instances when one may want to retain a family home or certain family assets. If you fail to draft a prenuptial agreement, these assets will be divided according to the state laws. Signing a prenup allows you to have control over how your family or hard earned assets will be divided in the event of divorce or death. A wealthy person may also wish to protect their fortune through a prenup.
What are the elements of a prenuptial agreement?
In New York, there are several elements that can be allowed into an antenuptial agreement. You can decide on the rights to property of each partner. This is for both individually owned and any other assets you will acquire as a couple. You can, and you should decide on spousal support. This is one of the most contested issues in a divorce. There are many other issues you can agree on such as stock portfolios, real estate, future earnings, cars, and pensions.
What happens in the absence of a prenuptial agreement?
If you fail to get a prenuptial agreement and you get into a contested divorce, the courts will apply the equitable distribution law. A judge will listen to the issues brought forward and decide how the property will be divided. This does not mean that the division will be done equally. The decision will be based on the facts brought forward. To put it simply, the decision will rest on the judge. This can be avoided if you get into a prenuptial agreement. You can also save the time and money you could have spent in future court cases.
Hire a Nassau County prenuptial agreement lawyer
As evidenced, a prenuptial agreement addresses pertinent issues that have long-term implications both for you and your children. This is why it is wise to consult with a prenuptial lawyer. You could easily miss out on some key issues and face complications in the future. A lawyer will help you draft an agreement that can be legally enforced.
It is crucial to note that, each state has rules that govern the drafting of the prenuptial agreement. There are statutes that may apply in your state that are different from what is used in another. If you wish to move to another state, you need to check if these agreements are enforceable. It is advisable to get separate legal counsel. The lawyer will represent their client’s best interests and ensure that the agreement drafted is clear and cannot be twisted to suit the interests of one party.
While it is not easy, it is important to discuss pertinent issues about property and assets before you get into marriage. This can save you from a messy and lengthy divorce process.