What Are Prenuptial Agreements in New York? | What to Know

What Are Prenuptial Agreements in New York? | What to Know

Prenuptial agreements are not the negative stigma people think them to be. In fact, these agreements do not suggest in any way that a couple will become divorced. Rather, the purpose is to ensure that assets and wishes are carried out in the event of a separation. To learn more about these agreements, continue reading and reach out to our skilled Nassau County prenuptial agreement attorney today. Our legal team will walk you through each step of the way and ensure that this process is not stressful for you or your partner.

What can I include in a prenuptial agreement?

Prenuptial agreements can include a number of different important marital issues. Some of the most significant matters you should consider mentioning in your agreement include the following:

  • Premarital property
  • Premarital inheritance
  • Appreciation of separate property
  • Fidelity clauses
  • Spousal maintenance clauses
  • Marital real estate clauses

It is essential to understand that there are some issues that cannot be mentioned in your prenuptial agreement. For instance, you cannot include child custody, child support, or the refusal of alimony, among other things.

What are New York’s prenuptial conditions?

Because a prenuptial agreement is an important legal document, it is critical that it meets several requirements before it is deemed valid in the state of New York. In order for your agreement to be considered valid, it must:

  • Be in writing
  • Be executed voluntarily
  • Include full disclosure at the time of the execution
  • Be fair and just to both parties
  • Be executed by both parties before a notary

To learn more about what makes up a valid prenuptial agreement, reach out to our skilled New York firm today. Our legal team is here to help.

Can I make a prenuptial agreement after my marriage?

In the event that you and your spouse did not create a prenuptial agreement before your marriage, you can still create one. While you cannot create a prenuptial agreement, you will be able to create a postnuptial agreement. This is essentially the same document with the same objective, however, it is created after the wedding, instead of before.

If you would like to create a prenuptial or postnuptial agreement, reach out to our firm. We recognize that these are sensitive matters, and we are prepared to help you navigate each step of this process. Contact our firm today to obtain an experienced and dedicated Nassau County prenuptial agreement attorney on your side.

Contact our experienced Nassau County firm

The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 25 years, is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.

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