When you are in a relationship that is soon graduating into marriage, then it is the time to think about the prenuptial law or a prenuptial agreement. This is the agreement that you and your future spouse enter. Here is when you and your partner disclose to each other about all your money and property that you own before you get married. In Manhattan, you can agree on what will happen to your money and property if an unfortunate happening such as divorce or death strikes. Also, you are supposed to set forth your rights and responsibilities during your marriage life, and how your property and monies will be divided when one of you passes on or you divorce. Sometimes, the agreement may provide that the nature of your property and finances be preserved with the end of the marriage, other than being subject to community property.
Although some states already determine how your property should be divided upon divorce or death, courts in Manhattan recognize a valid prenuptial agreement between couples which may be different from what the said state would have otherwise shared your property. In essence, the agreement takes control of your property away from the state and places it in the hands of the couple.
What Is The Validity Of Prenuptial?
Courts are obliged to uphold a prenuptial agreement until one or all of these four things occur.
- One party is forcefully made to sign the agreement
- This agreement was unfairly created
- The same agreement is likely to encourage divorce
- This agreement was deliberately written and signed with the intention of divorce
It is vital that these contracts be based on full disclosure of property and also debts by all partners so that it does not become vulnerable in court. Also, in the event you do not hire an attorney to create the agreement in Manhattan, it should be essential to keep a copy if your spouse does the same. Some rules determine what should and should not be included in the prenuptial agreement. Most states accept prenuptial agreement validity and have even slightly modified their federal provisions.
Benefits of Hiring a Prenuptial Attorney in Manhattan
Majority of couples, cluelessly, fail to hire a prenuptial lawyer for the primary reason that marriages are bound to last forever. The rude shock is that only a few of them last forever, and many couples will be glad they had this agreement upfront. Here are benefits of hiring one:
Complexity in Divorce Is Minimized
Divorce process requires both time and money, and in the end, a daunting and emotional process. While in a messy marriage, it is hard to put divorce behind you and move forward. In such a case, a prenuptial lawyer will help you make divorce decisions earlier in case the worst happens.
Saves You Money
Since divorce is costly, emotional, and irrational, it can cause some couples to make unwise financial decisions such as giving away a lot of investments and spending much money on petty issues. A prenuptial lawyer in Manhattan will enable you to make the right choice in advance, which will be handy in minimizing expenses when that day comes.
A prenuptial lawyer can help you work out your union by helping both partners to make informed financial decisions before the wedding. So, when you’re living with shared finances, there’s a lower likelihood of heated arguments cropping up. Eventually, conflicts that arise from monetary issues can be easily solved or completely avoided.