WHAT IS A PRENUPTIAL AGREEMENT?
A prenuptial agreement is a legally binding document provided that it meets certain formal drafting requirements. It must be signed and acknowledged before you actually get married. The prenuptial agreement can deal with a variety of issues in the event the couple later separates or divorces. It can provide for a waiver of estate rights. It can also set forth terms for property rights, and it can provide for a waiver of spousal support or provide an amount of maintenance to be paid in the event of divorce. Having an enforceable prenuptial agreement is intended to keep the couple from arguing these contentious issues in court if they decide to divorce. A clearly written, valid prenup also prevents couples from hashing out the "gray areas" of their finances while consumed with the emotional side effects of a divorce.
DRAFTING A PRENUPTIAL AGREEMENT
When drafting a prenuptial agreement, each party should retain the services of a lawyer who is familiar with the law and who has experience drafting these unique agreements. If your future spouse requests that you sign a prenup, or if you would like to approach your future spouse with a prenup, our lawyers will help you negotiate terms that are fair to you and within the confines of New York law.
Please note that a prenup should be signed well in advance of the actual wedding. If it is not, the prenup could be challenged on the grounds that it was signed under coercion or duress.
A postnuptial agreement is essentially the same as a prenup in its scope, though it's signed after the couple has married. A couple may draft a postnuptial agreement, even after many years of being married. Unlike a Separation Agreement, a postnuptial agreement contemplates that the spouses will continue to live together. The postnuptial agreement sets forth what will happen in the event the couple later separates or divorces.
PRENUPTIAL AGREEMENT - CONTACT OUR GLENVILLE, NEW YORK OFFICE
If you or your future spouse is interested in drafting a prenuptial agreement, contact Gordon, Tepper & DeCoursey, LLP, serving Glenville, Albany, Schenectady, Saratoga, and surrounding New York towns and cities. Please fill out the form on this page, and we will respond to your query in a timely manner.