The Virdone Law Firm, P.C. Articles What You Should Know about Prenuptial Agreements

What You Should Know about Prenuptial Agreements

By The Virdone Law Firm, P.C.  Nov. 22, 2011 10:41a

Prenuptial agreements are popularly known as a method for a wealthy individual to protect his or her wealth before entering a marriage.  While protecting ones assets is a way a prenup can function, there are many other reasons one or both partners may choose to create this agreement.  Nuptial agreements need not be considered as a means to protect oneself against an "inevitable" divorce.  Although the divorce rate across the U.S. has increased and a premarital agreement can make a separation or divorce go more smoothly, such considerations before becoming married could be thought of as a way to clarify the expectations, roles and responsibilities of both spouses.  If you have questions about obtaining a prenuptial agreement in New York, a Nassau County divorce attorney may be able to help.

What a Prenuptial Can and Cannot Do

Prenuptial agreements do largely serve as a legal document pertaining to financial aspects of the marriage.   Through a prenup, soon-to-be spouses can determine what property will be considered separate and what will be jointly owned marital property.  Family property-heirlooms, real estate, inheritance, etc.-can be named to remain in ones birth family as desired rather than passing on to a spouse.  Financial responsibilities can be laid out in regard to education, investment plans, savings, tax claims, management of accounts, businesses, retirement plans, household expenses and more.  Additionally, this agreement can protect a spouse from the debt liabilities incurred by the other spouse.

A premarital agreement can include financial provisions for children from a prior marriage but it can't include details concerning child custody or child support for children coming from the current marriage.  It cannot include any stipulations that the court may view as financial encouragement to get a divorce.  Likewise, the agreement will not be accepted as valid if it includes any requirements regarding personal matters of a non-financial nature.

Speak with a Nassau County Nuptial Agreement Attorney

If you are considering obtaining a prenuptial agreement in the counties of Nassau, Suffolk or Queens, an attorney with us at the Virdone Law Firm may be able to provide knowledgeable legal counsel.  We understand how delicate these matters can be and offer tailor-made legal solutions that best suit that client's individual needs.  From negotiating and drafting the nuptial agreement to ensuring that document can hold up to any court scrutiny, we keep our client's best interests at the forefront.

Contact a Nassau County divorce lawyer today.  Learn more about the protection and peace of mind a prenuptial or post nuptial agreement can provide for your family.

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