The excitement that surrounds an engagement very rarely includes talk of a prenuptial agreement. However, after the excitement settles down a bit, it should become a topic of conversation. There is a common misconception that if a couple has a prenuptial agreement, they are destined for divorce. This is absolutely not the case. In the event of divorce, the couple will be prepared and have their assets protected. Executing a prenuptial agreement can allow a couple to set aside trivial matters and focus on the important things like building a strong relationship not based on assets.
When a couple decides to draft and execute a prenuptial agreement, it is important that they make sure the agreement is valid according to New York State standards. Prenuptial agreements can only include matters related to finances such as spousal maintenance or the division of assets. However, the state does not permit individuals to include any information about custody, visitation or child support of any future children. In New York, a prenuptial agreement must be:
- Signed by both parties voluntarily
- Fair and just to both parties
- Signed before a notary
- Include a full financial disclosure for both parties
- Executed prior to the marriage
- In writing
If you are considering drafting a prenuptial agreement, contact our firm today to schedule a consultation.
Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.