Why You Should Consider A Prenuptial Agreement Before Any NYC Marriage (And Even After)

There is nothing romantic about a prenuptial agreement, but they are an important topic every groom or bride in New York should think about. This article explains everything you need to know about prenuptial agreements and several key reasons to consider one, including:

• Two ways a prenuptial agreement can protect your hard-won assets from divorce.
• How to protect yourself from your spouse’s debts with a prenuptial agreement.
• The limits of a prenuptial agreement in New York.

A prenuptial agreement is a legal document designed to protect your premarital assets by specifying how they will be treated if your marriage ends in divorce. For example, if you own a home before marriage, you can stipulate in the prenup that the home remains your exclusive property. As long as the prenuptial agreement is valid, that asset will be protected from division.

Prenups are highly flexible and can cover a wide range of assets, such as:

• Real estate
• Corporations or businesses
• Bank accounts
• Retirement accounts
• Even cryptocurrency

By clearly identifying these assets in the prenuptial agreement, you ensure they remain protected and outside the scope of division during any potential divorce proceedings.

How Can a Prenuptial Agreement Protect You From Your Spouse’s Debts?

Another significant benefit of a prenuptial agreement is that it can protect you from being held responsible for your spouse’s debts. If your spouse has pre-existing debt or accumulates debt during the marriage, a well-crafted prenup can prevent creditors from going after your assets to satisfy those obligations, ensuring your financial security remains intact.

How Does A Prenuptial Agreement Address Inheritance In New York?

In a prenuptial agreement, you have the option to specify that gifts and inheritances will be considered your separate property and will not be subject to division in the event of a future divorce.

This means that if you receive a substantial inheritance, a large sum of money, or a valuable heirloom, you can rest assured that it will remain yours and will not be at risk of being divided up in a divorce proceeding.

Attorney David Badanes is a diligent family law lawyer in Long Island who has helped countless couples prepare for marriage with solid prenuptial agreements to protect their assets. His work, both as an attorney and a writer explaining such crucial concepts as marital agreements, is grounded in 20 years of legal study and experience.

Hoping to get divorced without losing everything? Considering getting a prenuptial agreement? Contact David Badanes today to schedule an initial consultation.

Book Your FREE Divorce Consultation Now! (631) 430-4445

Are There Limitations To What Can Be Included In A Prenuptial Agreement In New York?

Yes, there are limitations on what can be included in a prenuptial agreement, particularly when it comes to matters involving children.

While you can include clauses related to child custody or support in a prenup, New York courts will not honor those provisions. The court has the final say on child custody arrangements and child support to ensure the best interests of the child are prioritized.

Incorporating these issues into a prenup won’t invalidate the agreement, but the judge will simply ignore those sections. Therefore, it’s important to focus your prenuptial agreement on protecting assets and debts, leaving child-related issues to be decided by the court if necessary.

Are Prenuptial Agreements Infallible?

No legal document, including a prenuptial agreement, is truly infallible. While we can draft agreements to be as strong and enforceable as possible, there are always potential exceptions. In America, it’s possible to challenge almost any agreement in court, and prenuptial agreements are no different.

For instance, if a prenup is signed under questionable circumstances, such as on the day of the wedding, a judge could rule that it was signed under duress. This could make the agreement unenforceable, as the court may determine the person wasn’t acting with a clear, free mind when they signed. The key is to ensure the prenup is properly drafted and executed, without any pressure or unusual timing, to maximize its strength.

Can A Prenuptial Agreement Be Modified After Marriage In New York?

Yes, a prenuptial agreement can be modified after marriage, but this is typically done through what’s called a postnuptial agreement.

Once you’re married, any changes or updates to the terms of the prenup are formalized in this new document. So, while you can modify the terms after the wedding, it’s considered a postnuptial agreement rather than a modification of the original prenup.

How Much Will I Pay For A Prenuptial Agreement?

In my practice, I charge a set fee for drafting prenuptial agreements, so clients know upfront what they will pay.

Do You Have A Prenuptial Marital Agreement? Do You Need A Postnup?

For more information on Prenuptial Agreements In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 430-4445 today.

Attorney David Badanes is a diligent family law lawyer in Long Island who has helped countless couples prepare for marriage with solid prenuptial agreements to protect their assets. His work, both as an attorney and a writer explaining such crucial concepts as marital agreements, is grounded in 20 years of legal study and experience.

Hoping to get divorced without losing everything? Considering getting a prenuptial agreement? Contact David Badanes today to schedule an initial consultation.

Book Your FREE Divorce Consultation Now! (631) 430-4445