Prenuptial Attorneys in Long Island

Last Updated on

What a Prenuptial Agreement Does for Couples
When a couple is thinking about the possible benefits of a prenuptial agreement; it’s an extremely personal decision. Each marital situation is different. The decision must be made on a couple’s individual set of circumstances. Prenuptial agreements are becoming popular with people of modest means as well as the wealthy.

Avoid Financial Disagreements
One of the main causes for divorce is finances. When couples can discuss the financial issues involved with their marriage before being married, it can avoid many misunderstandings. This agreement can cover such issues as property, assets, financial obligations and more. This avoids disagreements over unknown financial issues during the marriage. This is also an effective way to nurture positive communications between a couple.

What To Include
Legal experts will advise couples considering a prenuptial agreement to determine what they want it to do for them. They may want to identify what assets are joint and which ones they want to keep separate. Family property and providing for current as well as future children should be discussed. How children from a previous marriage will be handled financially should also be determined. An agreement should be reached on the responsibility of individual as well as joint debts. How household bills will be handled as well as taxes and more. Finance and investment goals need to be addressed. Distribution of property and assets in the event of a divorce should also be discussed and included in the prenuptial agreement.

Financial Rights
A prenuptial agreement can be used to clarify the financial rights of each marriage partner. People may want to have their different financial rights and responsibilities established prior to marriage. It’s also possible for people to make certain assets will remain with them if the marriage ends. This could involve such assets as real estate and more that could increase in value during the marriage. There are states that won’t permit a spouse to not pay alimony. The alimony listed in a prenuptial may not be honored by a court in some states. This is true if it denies alimony, and the spouse to receive it didn’t speak with an attorney prior to signing the prenuptial.

Child Support
A prenuptial agreement cannot include child custody issues such as child support and more. A court will be involved with this decision. It will be decided by a court based on what it determined to be in the best interest of any children involved with the marriage. Many different factors will be taken into consideration when deciding issues affecting children.

Valid Prenuptial Agreement
Many courts will carefully scrutinize a prenuptial agreement. Many of them will include a waiver of a financial or legal benefit for the spouse who is not wealthy. It’s common for the wealthy spouse to be the one who wants to end the marriage. Every state will permit couples to enter into a prenuptial agreement. If the agreement is determined by a judge to be unfair, or not in compliance with the state’s legal requirements, it will be considered invalid and set aside.

When a couple is considering a prenuptial agreement, it’s important they negotiate honestly and in good faith. They need to work with an attorney and create a document that is easy to understand, clear and meets their needs. Having separate lawyers review it, and agree with it, will help the chances of a prenuptial agreement holding up in court.