A prenuptial agreement serves as a financial contract between two people who are about to get married. Prenuptial agreements provide clarity and discretion in the event that you get divorced. It prevents arguments and feuds by deciding the property division and alimony terms in advance.
A prenuptial agreement caters to a range of issues such as:
- Finances for each spouse
- Personal assets
- Custody issues
- Property division
- Spousal support
- Inheritance
The process of preparing a prenuptial agreement is complicated and can result in litigation if the terms are not valid enough. Here are some guidelines to help you prepare a strong prenuptial agreement.
Draft with Divorce in Mind
Your wedding is near, and you may love your partner, but that does not mean you go easy on the terms of the prenuptial agreements. Draft the prenuptial agreement as if you’re filing for an actual divorce to save yourself from any regrets in the future.
Ensure Separate Lawyers
Each spouse needs a lawyer who will solely accommodate that individual. Getting representation from the same lawyer is bound to cause a conflict of interests and put one party at a disadvantage.
Maximum Disclosure
It is essential to disclose all your assets when drafting a prenuptial agreement to ensure fairness on both sides. Make sure to include family heirlooms, such as a wedding ring passed down from a grandparent, in the disclosure. This ensures fair distribution of assets that may have emotional and sentimental value for both of you.
Voluntary Execution of the Agreement
A prenuptial agreement needs to be voluntary. Coercion will only lead to a rejection of the agreement in court. This is often the case when there’s a power imbalance in the couple. Perceived leverage can cause the agreement to be viewed as coercive.
Child Support from a Previous Marriage
If you are entitled to get child support from a previous marriage, make sure to include a provision in the prenuptial agreement. This will allow your child to inherit a share of your estate if you die.
Professional Family Attorney in New York City
An experienced Family Lawyer Queens and Family Lawyer Brooklyn can help you sort the complex process of drafting a prenuptial agreement. If you are seeking a lawyer to represent your prenuptial agreement in the Bronx, Jamaica or anywhere else in the NYC, we are here for you.
Ledwidge & Associates, P.C, is focused on providing exceptional legal service at reasonable rates. We also offer convenient payment plans for our clients.
Contact us now if you seek a lawyer for family law services, divorce, or litigation.
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