How do I know if my prenuptial agreement is valid?
Prenuptial agreements must satisfy some requirements to be enforceable. Prenuptial agreements are only valid for matters related to finances. Couples are not permitted to include decisions about any future children they may have together. Typically, the prenuptial agreement considers matters of spousal support, division of assets, among other financial matters. To ensure that a prenuptial agreement is valid, it must be:
- In writing
- Includes all financial information about both spouses
- Notarized
- Fair and just to both spouses
- Executed before marriage
- Voluntarily signed by both parties
Why should I have a prenuptial agreement?
An unfortunate reality is that over 50% of marriages end in divorce. Having a prenuptial simply protects one’s property from an uncertain future. It does not predict a negative outcome. Like with most life experiences, it is always better to take a proactive approach than to be left unprepared. A prenuptial agreement can handle a wide range of issues and situations, including:
- Loyalty and fidelity
- Inheritance of finances and other assets
- Spousal maintenance
- Real estate
- The appreciation of assets
Can I obtain a prenuptial agreement if I am already married?
Often, couples who are already married ask about what they can do if they fail to execute a prenuptial agreement. If both couples are willing, they may draft a postnuptial agreement. They address the same topics but are simply created at different times.
Contact a Suffolk County family law firm
The Law Offices of Susan A. Kassel, P.C. understands how important it is to protect one’s property before entering into marriage. Prenuptial agreements may not be for everyone, but they are important to consider. If your marriage ends in divorce, you may be glad to see that many issues have already been addressed. With a prenuptial agreement, the spouses can start their marriage without worrying about finances. Contact The Law Offices of Susan A. Kassel, P.C. to schedule a consultation if you need assistance with a prenuptial agreement.
