Prenuptial Agreements Attorney in New York City, New York

Prenuptial agreements have traditionally been thought of as unromantic and an indication that you don’t trust your soon-to-be spouse. However, this couldn’t be further from the truth. There are several legitimate reasons why someone would want to sign a pre- or postnuptial agreement. If you’re curious about this and want to know more about who should sign a prenuptial agreement and what a prenuptial agreement should cover, reach out to me at the Law Office of Seth D. Schraier, P.C.  

For over 20 years I’ve been helping clients in New York and throughout New York City, including Manhattan, Brooklyn, and the Bronx. Contact me today to learn more about the benefits of a prenuptial agreement and whether it’s the right choice for you.

Prenuptial Agreements in New York  

A prenuptial marital agreement (often referred to simply as a “prenup”) is a legally binding document that outlines a contract between the two spouses about their respective property and what should happen to it if the marriage ends in divorce. In New York, a prenup can address currently held property and who has the right to buy or sell it, debts and assets, stakes in a family business, how much alimony should be awarded in a divorce, and what death benefits a spouse will receive.  

There are some things that a prenup cannot cover, with the most notable being child support or child custody decisions. Those will always have to be determined in court with the assistance of a judge and will be made according to the best interests of the child, not the parents. 

One benefit of a prenuptial agreement is that it can be modified at any time. However, any modifications must be agreed upon by both parties.  

Who Should Get One?  

Rather than thinking about signing a prenuptial agreement as something that will doom your relationship from the start, it can actually work to make your marriage stronger. Prenups allow couples to address sensitive topics surrounding money and assets before they become larger issues. This can lead to fewer arguments and better overall communication.  

Any couple can benefit from a prenup, but there are certain individuals who may need them more than others. Prenups are popular with those who have been previously married as well as those who have children from previous relationships. In these cases, there could be certain assets that you’ll want to set aside for your children that may have otherwise been left to your new spouse. This can ensure you protect your assets and that your family is taken care of. It can also help reduce infighting amongst heirs. 

Other people who come into a relationship with a great deal of wealth may wish to protect all or a portion of it before they tie the knot. This can be especially useful for those who have money tied up in their personal business or in a family business and who want to ensure those assets remain in the partnership instead of being passed to a surviving spouse. 

Why Marital Agreements are Important  

Marital agreements help to draw clear boundaries between a couple which can make your life easier in the long run. Getting these hard topics out of the way before you get married can help facilitate open and honest conversations about what’s important to each of you. Because prenups depend on the full disclosure of both parties, it’s an excellent way to get everything out on the table and set clear expectations for honesty. Additionally, prenups serve a very practical purpose in our modern day when roughly half of all marriages end in divorce. They can help protect you in the event that something changes down the road and ensure you’re taken care of. 

Ensuring it’s Enforceable   

Essential to a legally-binding prenuptial agreement is making sure it’s enforceable, and working closely with a family law attorney can help. Common ways that an agreement like this could be invalidated is if one party is forced to sign under pressure or duress from the other, or if it’s discovered that one spouse was hiding assets from the other and did not disclose their complete financial details. Although these are real concerns that shouldn’t be ignored, if you work with an experienced attorney, they’ll ensure your agreement is written up correctly. A skilled family law attorney can ensure that both parties are willing participants and that the agreement will be enforceable if the time comes.