What to Know About Prenuptial Agreements in New York

What to Know About Prenuptial Agreements in New York

A prenuptial agreement is a legal document that declares how a couple’s assets will be divided in the event that their marriage ends in separation, divorce, or death. Because of this, many couples shy away from prenups and even avoid bringing them up altogether. In reality, a prenuptial agreement can greatly benefit both you and your partner. Prenups simply allow you to enter your marriage feeling financially secure and prepared for all possible outcomes. Read on to learn more about prenuptial agreements in New York.

What Can I Include in a Prenuptial Agreement?

There are a number of important matters you can include in your prenup. Some of the most important things to mention include:

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

It is important to note that there are certain things you cannot include in your prenup. For example, you cannot mention child custody, child support, or the refusal of alimony, among other things.

What are New York’s Prenup Requirements?

A prenuptial agreement is an important legal document. As such, it must meet some specific requirements in order to be considered valid in the state of New York. To be legally enforceable, your prenup 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

Can I Create a Prenuptial Agreement After my Marriage?

If you and your partner got married without a prenup and later changed your minds, you’re still in luck. While you cannot create a prenuptial agreement, you will be able to create a postnuptial agreement. This is the same document with the same purpose, but it is created after the wedding, rather than before.

If you are interested in creating a prenuptial or postnuptial agreement, contact our firm. We understand that these are sensitive matters, and we are here to walk you through the process each step of the way. Reach out to speak with a skilled and dedicated family law attorney.

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 22 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) 342-3575.

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