When a couple decides to get married, they make the decision to join their lives together. This also means combining their families and finances. This can be complicated, especially when it comes to things like prenuptial agreements. Sometimes, parents will attempt to force their child, or their child’s future spouse, into signing a prenuptial agreement. So, what happens if you and your future in-laws cannot come to an agreement about a prenup? Can you be forced to sign one? Read on for more information regarding prenuptial agreements in New York.

What Is a Prenuptial Agreement?

A prenuptial agreement is a legal document that declares how a couple’s assets will be divided in the event that the marriage comes to an end, whether through divorce or death. There are a lot of misconceptions surrounding prenups, but in reality, signing a prenup does not indicate an unstable relationship or impending divorce. Instead, it allows you and your spouse to ensure that you are on the same page in terms of your finances. But not everyone sees eye to eye when it comes to prenups. In some cases, a family may have certain assets that they want to keep within the family, which can complicate things.

What Can Prenuptial Agreements Cover?

A prenuptial agreement can address a number of important financial matters before you are even married. This includes:

  • Family inheritances
  • Business interest
  • Retirement assets
  • Spousal support expectations
  • Rights to life insurance
  • Separate property
  • Division of marital assets

Why Do People Use Prenuptial Agreements In Suffolk County?

As mentioned, many people assume that having a prenuptial agreement in place means that a marriage is doomed to fail. However, this is an important tool that can offer considerable protection for both spouses. This can provide peace of mind for the future. 

As such, prenups are beneficial for:

  • Asset protection
  • Preserving family-owned businesses
  • Ensuring financial transparency prior to a marriage
  • Those entering second marriages with children from a previous relationship
  • Reducing later conflict

What Makes a Prenup Valid?

In order for a prenuptial agreement to be considered valid in accordance with New York DRL § 236(B), it will have to meet certain requirements. These requirements include:

  • The document must be in writing
  • The document must be signed voluntarily
  • The document must be accompanied by a full financial disclosure
  • The terms must be fair and just
  • The document must be signed before a notary

Can Someone Be Forced to Sign a Prenup?

Because the document must be signed voluntarily, you cannot be forced to sign a prenuptial agreement. As such, a Suffolk County court will not enforce the terms and conditions of a prenuptial agreement that was signed under duress, pressure, or coercion.

When Can a Prenup Be Challenged?

Under certain circumstances in New York, you may be able to challenge the validity of a prenuptial agreement if any of the following were present at the time of signing:

  • Coercion or duress
  • Threats or manipulation
  • Lack of full disclosure
  • Signing too close to the wedding date
  • Lack of counsel
  • Unconscionable terms

It’s important to understand that the court will consider the fairness of the agreement at the time it was created and when it is enforced. Generally speaking, this means the court will examine if the agreement was entered into fairly at the time it was created with reasonable terms. When determining if the agreement is fair at the time of enforcement, the court will consider how the terms will impact the financial situation of each spouse. 

Advice For Couples Facing Prenuptial Agreement Pressure

If you are feeling pressured by your partner’s family to enter into a prenuptial agreement and you are unsure if this is right for you, it’s critical to understand that you do not have to, and should not, enter into an agreement that you are not on board with. 

Tips for Navigating Family Conflict

  • Have an open conversation with your partner
  • Consider mediation 
  • Consult an attorney on your own for independent legal advice

Discussing your circumstances with an attorney is critical to learn how to ensure this document is fair and what your rights are in these circumstances.

Contact Our Suffolk County Firm

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.