If your fiance asks you to sign a prenuptial agreement, you may have a lot of questions. This is completely normal, and doing the necessary research can help put your mind at ease. Read on to learn the answers to some of the most commonly asked questions regarding prenuptial agreements in New York.
Why create a prenuptial agreement?
A prenuptial agreement is a document that declares how a couple’s assets should be divided in the event that their marriage comes to an end. Couples create prenuptial agreements in order to protect their assets and be prepared for anything. This can help both partners focus solely on starting their new lives together without difficult financial decisions and conversations hanging over their heads. A prenup can help you address:
- Ownership rights of disability policies
- Retirement funds acquired before marriage
- Family inheritances
- Each party’s finances
- Any spousal support or alimony obligations, should a marriage end
- Division of property that either or both spouses own
- Ownership rights of life insurance policies
How can I ensure my prenup is valid?
A prenuptial agreement is an important legal document. As a result, it must meet certain requirements in order to be considered valid. These requirements include:
- Prenuptial agreements must be in writing
- Prenuptial agreements must be executed by both parties before a notary
- Prenuptial agreements must include a full disclosure
- They must be fair and just
- They must be executed voluntarily
Can I be forced to sign a prenuptial agreement?
It is important to understand that prenuptial agreements are meant to benefit both parties. Additionally, they must be signed voluntarily. If there is proof that the prenup was signed under manipulation, coercion, or duress, the prenup can be contested and found invalid. If you and your partner are not on the same page when it comes to signing a prenup, it may be beneficial to speak with an experienced family law attorney who can help answer any additional questions you may have.
What if I didn’t sign a prenup and changed my mind?
If you did not sign a prenuptial agreement before your wedding, you’re still in luck. In this case, you can create a postnuptial agreement. This is the same document, only created after the wedding, rather than before.
If you have any questions or concerns about prenuptial agreements in New York, our firm is here to help. Contact us today to discuss your options with a dedicated family law attorney.
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If you require strong and dedicated legal representation through a divorce or family law matter in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today.