Are you looking for a lawyer to draft a prenuptial or postnuptial agreement in Nassau County? Entering into marriage is not something to be taken lightly, and despite the strong positive emotions that people have before they get married, having a backup plan is always a good idea. Prenuptial and postnuptial agreements are a realistic and efficient way to prevent future disputes or marital issues before they ever become a problem.
Drafting such agreements requires a certain level of skill, precision, and knowledge that only an experienced lawyer can provide. Such an attorney can ensure that your prenup or postnup is tailored to your needs and keeps you and your assets protected.
How can a marital agreements help?
Prenuptial agreements can serve many purposes, including protecting your personal assets and the interests of your children, and they help to preempt many disputes that would otherwise arise should you get a divorce. Additionally, a postnuptial agreement can serve the same purposes in the wake of a marital dissolution, and can also take into account financial changes that may have occurred during the marriage.
Regardless of how strong your bond is with your partner, it never hurts to plan for the future, and having an attorney draft a prenuptial or postnuptial agreement is an excellent way to ensure you are prepared for whatever comes your way.
Marriage is a beautiful thing, but not all relationships work out, and a prenuptial agreement provides you insurance should your marriage terminate. We know that every person has unique issues and needs, and our attorneys can tailor a prenuptial or postnuptial agreement to ensure both that your needs are met and your assets will be protected in the case you and your spouse split.
Can a prenup be challenged?
Judges in all states disregard prenups if one of the spouses failed to disclose all of their financial assets and liabilities, or if one of the spouses provided fraudulent information about their identity, or their assets, or if either spouse "lacked capacity."
By lacking capacity, it means that they were under the influence of drugs or alcohol when they entered the contract, or they were mentally incompetent.
Lastly, a prenup can be invalidated if one party signed under "duress."
If you're engaged and you want a prenup, we don't recommend signing it right before you walk down the aisle. The courts could say that your spouse signed out of fear of embarrassment in front of friends or family. We recommend starting negotiations about six months before the wedding, and ideally, everything should be wrapped up before you send the invitations out. That would go a long way towards avoiding a challenge in the future.
Contact Jason M. Barbara & Associates, P.C.
Our Nassau County family law attorneys at Jason M. Barbara & Associates, P.C., have drafted numerous prenuptial and postnuptial agreements for numerous clients, and we are a strong advocate of their use. While prenuptial agreements may not be for everyone, we feel that such documents are an excellent way to give both spouses peace of mind going forward.
If you are planning your wedding, or have already gotten married, call Jason M. Barbara & Associates, P.C., at (516) 406-8381 to arrange a
free consultation and discuss how we can help you plan for your future.