Prenuptial & Postnuptial Agreements: Increasingly Common & Necessary
There is no denying the fact that prenuptial agreements have had a bad reputation. But while they may be unromantic, they are increasingly useful and necessary. Divorce rates are higher than they once were, and couples are now getting married later in life than in previous generations. This means each spouse likely comes into marriage with some individual assets he or she wishes to protect.
Whether you are considering a prenuptial or postnuptial agreement, you could benefit from the advice and experience of a skilled lawyer like those at the Law Office of Nicholas P. Barone. We have been serving the needs of family law clients for more than 25 years.
Prenuptial Agreement Basics
This is a basic contract laying out the terms of property division ahead of time in the event of divorce. In order for a prenup to be valid and enforceable, it must be:
- Presented to your fiancé well before the wedding
- Fair and reasonable
- An accurate disclosure of your assets
- Entered into willingly with no evidence of coercion or fraud
- Signed after careful consideration (often in consultation with a lawyer)
The most obvious distinction between a prenuptial agreement and a postnuptial agreement is when each is signed. While they provide substantially similar property protections, a postnuptial agreement is likely to be more complicated than a prenup. This is because after marriage, most property is automatically considered joint marital property unless other arrangements have been made.
Nonetheless, if divorce ever becomes necessary, having a valid prenup or postnup in place will likely make the process much easier, faster and less expensive than dividing property according to state divorce laws.
How Our Firm Can Help
We have worked extensively with clients throughout all stages of the marriage and divorce processes. We understand the most common problems that can occur with prenups and postnups, and we know how to prevent them.
Our attorneys will take the time to listen to your needs and goals and draft an agreement that is fair, thorough and enforceable.
Talk To A Family Law Attorney — Contact Us Today
Located in White Plains, the Law Office of Nicholas P. Barone serves clients in Westchester County and surrounding areas of New York. To learn more about what an experienced lawyer can do for you, call us at 914-683-8200, or send us an email.