Why All Couples Should Draft Prenuptial Agreements
Marriage is special, which is why many couples have reservations about drafting a prenuptial agreement with their significant other. However, in today’s day and age, the stigma associated with prenuptial agreements is virtually gone, which is why more and more couples are creating them. If you would like to learn more about why creating such an agreement can benefit both you and your spouse, please continue reading and reach out to our knowledgeable Nassau County divorce attorney. Here are some of the questions you may have:
Why should I create a prenuptial agreement?
The primary reason couples draft prenuptial agreements is to protect their valuable, hard-earned assets from the equitable distribution process. In a contested divorce, Nassau County courts will generally divide all marital property “equitably,” which, as you know, seldom means “equally.” Fortunately, you can protect various assets by creating a prenuptial agreement, including the following:
- Your finances
- Family inheritances
- Property that you or your future spouse already own, or will own
- Ownership rights of life insurance policies
- Ownership rights of disability policies
- Retirement funds acquired prior to your marriage
How do I know if I have a valid prenuptial agreement?
For a Nassau County prenuptial agreement to be valid and legally enforceable, it must first meet various qualifications. Those qualifications are as follows:
- A valid prenuptial agreement must be in writing.
- Valid prenuptial agreements must be executed before a notary.
- A valid prenuptial agreement must be executed voluntarily, without evidence of coercion, manipulation, or deceit.
- They must include full disclosure of assets.
- They must be fair and just for both parties.
If I’m already married, can I draft a prenuptial agreement?
Unfortunately, those who have already married cannot still draft prenuptial agreements. However, you may still draft a postnuptial agreement with your spouse. Postnuptial agreements essentially serve the same purpose, though they are exclusively drafted after marriage. Though it may be a sensitive topic to discuss with your spouse, there are various benefits of having an open, honest conversation about your reasoning for establishing a postnuptial agreement.
If you have any additional questions regarding prenuptial or postnuptial agreements, please do not hesitate to give our experienced Nassau County divorce attorney today. Our firm is ready to help you through every step of the legal process ahead.
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.