Why you Should Consider a Prenuptial Agreement

Why you Should Consider a Prenuptial Agreement

When a marriage doesn’t work out, you can almost guarantee emotional turmoil as a result. However, if you and your spouse draft a prenuptial agreement, it may save you from any additional headaches concerning your finances and assets. By drafting a prenuptial agreement with your spouse, you will have peace of mind to focus solely on the things that matter most to you and your relationship. While there is a bit of a negative connotation to the phrase, “prenuptial agreement,” this does not have to be the case. There is nothing wrong with asking your partner for a prenuptial agreement before taking the next step.

How might a prenuptial agreement benefit you and your spouse?

In the event of a divorce, without a prenuptial agreement, there will most likely be a long and drawn-out process of litigation, and this often creates a very hostile environment. If you and your spouse begin fighting over your assets, this can potentially intensify any other differences you may be sorting out emotionally. A prenuptial agreement may save you from that nightmare of a situation. By drafting a prenuptial agreement with your significant other, you secure your assets from the very beginning. Not only may a prenuptial agreement help you retain your assets, but it may also secure your family’s inheritance.

How can you tell if a prenuptial agreement is valid?

There are six main qualifications for a prenuptial agreement in New York to be classified as valid. Here is a list of those qualifications:

  • The prenuptial agreement must be notarized, or legalized by a notary
  • Both spouses must agree on the terms of the prenuptial agreement
  • The prenuptial agreement must be executed before marriage
  • Your prenuptial agreement must be in writing
  • Your prenuptial agreement must include both spouse’s financial information
  • Your prenuptial agreement must be voluntarily signed by both parties.

What do you do if you are already married and want a prenuptial agreement?

While you cannot obtain a prenuptial agreement after marriage, you can, however, draft what is called a postnuptial agreement. While you may find it difficult to approach your spouse on the subject, it still may be better safe than sorry. If you are worried in any way about the possibility of divorce, then you may want to consider asking your spouse about a postnuptial agreement.

Contact an experienced New York attorney

Prenuptial agreements are becoming more and more common in our society, and there should be no shame in approaching your partner about one. If you feel this is something you may be interested in, then do not hesitate to contact one of our helpful attorneys today.


The Pollack Law Firm, P.C., serving clients in Nassau and Suffolk County, is always available to assist and represent parties in divorce and all other matrimonial and family law matters. Please call today to schedule a free consultation: (516) 938-3330.


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