Prenuptial Agreements A prenuptial agreement, commonly called a prenup, is an agreement, similar to a contract, which you enter into with your intended spouse prior to your marriage. Prenuptial agreements deal with the financial consequences of divorce, and can include such topics such as the division of property and alimony or spousal maintenance payments. A Long Island attorney can help you decide if a prenuptial agreement is advisable for you and your intended spouse. Prenuptial agreements have become more commonplace, as couples become aware of finances and may have more assets coming into a marriage. There are certain times when a prenuptial agreement is particularly advisable. For instance, if you have more money or earn much more than your partner, you may want to consider a prenuptial agreement. If you own your own business, a prenup can ensure that you retain full control over your business even in the event of a divorce. Additionally, if you are remarrying, you may need a prenuptial agreement to protect your home and ensure that children from another marriage are provided for.
A prenuptial agreement can also protect a spouse from paying the premarital debts of their partner after a marriage ends. There are other circumstances in which a prenuptial agreement is advisable, and a family law attorney can help couples evaluate their circumstances and plan for a prenuptial agreement. There are certain topics than can be addressed in a prenuptial agreement. For example, division of property, ownership of the marital home, responsibility for premarital debts, alimony obligations, and financial responsibilities during the marriage can usually be addressed. There are also some topics that cannot be addressed in a prenuptial agreement. Generally, agreements as to child custody, visitation and child support are impermissible in prenuptial agreements. Additionally nothing illegal or unconscionable is allowed in prenuptial agreements. A Long Island attorney can help couples sort out what should be included in a properly drafted prenuptial agreement. One partner may have strong objects when their partner suggests a prenuptial agreements, which are often receive bad press in the media. A prenuptial agreement should not be considered a lack of faith in the relationship, but instead protects against unforeseen circumstances that can arise in any marriage. An attorney can help couples decide whether a prenuptial agreement is needed and what provisions will be fair for both parties involved. A Long Island attorney can help couples in Nassau and Suffolk county determine if a prenuptial agreement is appropriate, and be able to draft an agreement that will both meet your needs and hold up in court should you ever divorce. Also, if your spouse has had another attorney draft a prenuptial agreement, it is a good idea to have your own attorney look out for your rights and ensure that the agreement is fair and beneficial for you.
