Before a couple gets married, one of the things that they may want to address is whether they will want to execute a prenuptial agreement. These agreements, while useful in the event of a divorce, are not a sentence for divorce. Many couples execute these agreements out of precaution but never see the day when they have to be utilized. If a divorce does happen at some point later on, having a prenuptial agreement in place often makes the divorce process easier and more efficient.
In order to create a valid prenuptial agreement, the couple must ensure that the agreement meets the requirements outlined by New York State. The requirements for an enforceable prenuptial agreement are as follows:
- The agreement must be in writing
- The agreement must be signed voluntarily by both parties
- The agreement must be fair and just to both parties
- The agreement must include a full financial disclosure for both parties at the time of the execution
- The agreement must be signed before a notary
Additionally, while prenuptial agreements can and do cover a wide variety of matters, they can not include any language regarding current or future children. Custody matters must be handled separately.
If you need legal assistance drafting a prenuptial agreement, contact our firm today.
Our firm proudly serves clients throughout Rockland County, New York when they require compassionate and effective legal guidance. If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.