New York Prenup Attorney Explains Three Requirements of Prenuptial Agreements

Prenuptial agreements can provide a greater sense of security to individuals who want to protect their assets from default rules regarding the distribution of assets in case of divorce or the death of the wealthier spouse.  Often, couples may engage a New York Prenup attorney to help counsel individuals who want to protect the inheritance interest of their children from a prior marriage.  A New York Prenup attorney can explain the three requirements for a prenuptial agreement to be valid and enforceable. 

In Writing

It is not enough for a couple to agree to the basic terms.  They have to formalize their agreement in writing.  The prenuptial agreement may discuss a number of important terms, including testamentary provisions in the event of death, the distribution of separate and marital property, spousal maintenance and child custody and support, subject to certain limitations. 

Signed by the Parties

Both parties must voluntarily and knowingly sign the agreement.  The agreement is voidable if it is entered into under duress.  Additionally, fraud can also invalidate a prenuptial agreement.  Full financial disclosure is not specifically required under New York’s law on prenuptial agreements, but failing to disclose finances in full can potentially give cause a court to void the prenuptial agreement.  

Acknowledged in the Manner Required to Entitle a Deed

The same acknowledgments and proof must be included with the prenuptial agreement as are required to title and record a deed.  A written certificate of acknowledgment should be attached to the prenuptial agreement. 

By taking care to conform to the legal formalities of a prenuptial agreement, the agreement is more likely to withstand a challenge seeking to void the agreement.  Retaining the services of a New York  prenup attorney to draft a prenuptial agreement, review one that has been drafted by the other party’s counsel or provide an opinion about the potential enforceability of a prenuptial agreement may be the most important decision that you make (after having made the decision to marry).

Contact Sabra Sasson, Esq. at Sabra Law Group, PLLC to learn more about prenuptial agreements and to learn how it can protect you, your assets and even improve your relationship.  She can be reached at 646-472-7971.

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