Rockland County Prenuptial Agreement Lawyer
If you are getting married, you likely feel very certain about your future. Unfortunately, between 40 and 50 percent of marriages today end in divorce. Though it may seem like a foreign concept right now, it is important to protect your assets before you exchange your vows.
Our Rockland County prenuptial agreement lawyer knows the stigma that is still attached to these contracts. Some people believe that a prenuptial agreement sets a bad tone for the marriage while others believe only untrustworthy individuals need to sign such a document before marriage. If you are getting married, our attorney outlines the importance of these agreements below.
What are Prenuptial Agreements?
Prenuptial agreements are contracts drafted between two people getting married. These contracts outline the terms of divorce in case the marriage ends.
Generally speaking, premarital agreements largely outline the financial terms of divorce, while may include property division and spousal support. Prenuptial agreements can outline a number of other terms too, such as what will happen if marital misconduct ended the marriage, and define marital and separate property, regardless of whether separate property becomes commingled with marital assets. These contracts are also useful in outlining what happens if one party passes away.
Just as there are terms that should be included in a prenuptial agreement, there are also some that should not be. For example, when there are child-related issues, such as custody and support, the court will base decisions on the best interests of the child and not the wishes of the parents. Therefore, child-related issues should never be included in a prenuptial agreement.
Enforcing Prenuptial Agreements
It is a common misconception that a couple only has to draft a prenuptial agreement and the court will automatically enforce it. The courts will only enforce a prenuptial agreement if it meets certain criteria. These include:
- They must be voluntary: Prenuptial agreements that are signed due to duress or coercion will not be enforced by the court.
- Full disclosure: Both parties must provide full financial disclosure before entering into the agreement.
- They must be fair: If a court finds that a prenuptial agreement significantly favors one party over another, a judge will not enforce it.
Who Should Get a Prenuptial Agreement?
Contrary to what many people think, prenuptial agreements are not solely for the wealthy or the famous. Everyone has property and people that they want to protect and a prenuptial agreement is a great way to do it. For example, a parent may have a child from a previous marriage and so, they use a prenup to outline the property that will go to the child if they pass away. Or, someone may own a business before they get married and use a prenup to outline that the business is separate property.
Contact Our Experienced Prenup Agreement Lawyer in Rockland County Today
If you are getting married, you need to protect your future. At The Law Office of Robert S. Sunshine, P.C., our Rockland County prenuptial agreement lawyer can draft a contract that will do just that and that will be enforced by the courts. Call us now at 845.735.1300 or contact us online to schedule a consultation.