No one enters into marriage expecting to divorce in the future. Unfortunately, divorce is an all too common occurrence in today’s society. While drafting a prenuptial agreement can seem awkward with your soon-to-be spouse, it can actually help promote clarity and open communication in your relationship, and protect you in case of a divorce. Our firm has helped many couples create prenuptial agreements. We can help you draft an agreement that protects your rights and interests.
What Is a Prenuptial Agreement?
A prenuptial agreement is a document made by two parties prior to marriage. Prenups have become popular as a means to protect assets and finances in a divorce. There are several issues that can be addressed in a prenuptial agreement. These include saving and spending strategies, separate and marital property, spousal maintenance, liability for debts, financial obligations during the marriage, inheritance rights, and equitable distribution of assets. Child custody and support must not be included in prenuptial agreements, as these decisions will be decided by a court according to the child’s best interests.
Benefits of a Prenuptial Agreement
While some people shy away from creating a prenuptial agreement, it can actually provide many advantages:
- It can enable you to discuss important issues with your spouse. Creating a prenuptial agreement requires open and honest communication about finances and other matters. This will help you and your future spouse understand the expectations in the marriage, and will help you plan for how to use your finances. Drafting a prenuptial agreement can promote transparency and good communication between you and your spouse, and it is a good way to reach an amicable agreement on various aspects of your marriage.
- It can help you avoid litigation in the future. If you cover important aspects regarding finances, spousal support, property, and debts in the prenuptial agreement, you may be able to avoid expensive litigation down the road. If you divorce, you will already have the financial matters settled, and you may be able to conclude the divorce quickly.
- It can allow you to make special provisions. There is no set formula for a prenuptial agreement. You can determine what provisions you will make regarding financial and other matters, and you will be able to make special provisions in the agreement that are unique to your situation. However, child custody and support must be determined by a court, so you will not be able to make provisions regarding the care of your kids.
The Importance of Having a Lawyer
While you and your spouse can sit down and write out a prenuptial agreement on your own, it is beneficial to have an attorney to guide you through the process. If you agreed to terms that are not in your best interests, it could undermine your financial stability in the future. An attorney can help you make informed decisions to protect you.
Goldweber Epstein LLP Provides Informative Legal Assistance to Clients in New York City
If you need help drafting a prenuptial agreement, Goldweber Epstein LLP can provide efficient representation. We will analyze your situation and discuss your options regarding financial matters and other issues. With our New York City divorce attorneys, you can receive knowledgeable legal services from start to finish.
Ready to schedule a consultation? Contact our firm today to speak with a member of our team.