How to Obtain a Prenuptial Agreement in New York State

Many people often wonder whether or not they should approach their significant other regarding a prenuptial agreement. However, not everyone who considers a prenuptial agreement asks about it, for fear of giving their significant other the wrong idea. It should not have to be this way. Requesting a prenuptial agreement has nothing to do with the level of confidence you have in your marriage–it is simply a small, extra precaution couples sometimes take. There is no shame in asking your partner how he or she feels about obtaining one. If you are both willing to enter this process, here are some basic questions you may have:

How will I benefit from a prenuptial agreement?

In the event of a divorce, a prenuptial agreement will help you retain the hard-earned assets that you worked for before your marriage. A prenuptial agreement is also the only way in which you can be totally sure that your inheritance is secure if your marriage were to end. While a prenuptial agreement may put a bad taste in your mouth, it is usually worth getting done quickly and efficiently. Then, you have the rest of your life to never worry about it again. 

What constitutes a valid prenuptial agreement?

In order to qualify as a valid prenuptial agreement, your agreement must satisfy several standards. Here is a list of the requirements your prenuptial agreement must fulfill:

  • Your prenuptial agreement must be in writing
  • Your prenuptial agreement must be voluntarily signed by both parties
  • Your prenuptial agreement must be fair in both spouses’ eyes
  • Your prenuptial agreement must be completed before marriage
  • Your prenuptial agreement must be notarized
  • Your prenuptial agreement must include both spouses’ financial information

What financial matters may my prenuptial agreement cover?

  • Inheritance of finances
  • The appreciation of assets
  • Loyalty and fidelity
  • Property assets
  • Spousal support

Can I get a prenuptial agreement if I am already married?

In short, no, you cannot. However, you may obtain what is known as a postnuptial agreement, which essentially functions in the same way as a prenuptial agreement. However, you should keep in mind that this is generally a bit more sensitive to suggest than a prenuptial agreement, so if you think an agreement of the sort may be something you’re interested in, it is usually best to discuss the issue with your spouse right away, instead of down the road. 

Contact our New York firm

If you or someone you know is seeking an experienced attorney for a divorce case, contact Peter V. Mandi & Associates, Inc. today.

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.