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The reality is that about 50% of marriages end in divorce. Even though we marry for love, it makes a lot of sense financially to discuss and agree upon what things will look like if our marriages do not work out. Many of us navigate these waters in all other areas of our lives – we negotiate professional contracts, we obtain life insurance policies in the event of death, etc. – but we leave this one to chance (or love!).
A Prenuptial Agreement is a legally binding contract that is signed before you get married. Prenuptial agreements do not leave things to chance, but instead, directs what would happen with your assets and liabilities and other things that matter to you in the event of a separation or divorce.
A Postnuptial Agreement is similar to a Prenuptial Agreement, but it is a legally binding contract created between two spouses after their marriage. This contract also settles the parties’ affairs in the event of a divorce or separation.
Prenuptial and Postnuptial Agreements must be drafted in a specific way in order for them to be enforceable in the event of a divorce or separation. All too often we see individuals come to us for a divorce with a Prenuptial Agreement that was drafted using online templates and more often than not, these are not enforceable because they do not comply with the specific statutory requirements. The attorneys at Copps DiPaola Silverman, PLLC are skilled at drafting prenuptial (pre-marriage) agreements and postnuptial (after-marriage) agreements for both simple and complex situations. These agreements allow you the ability to craft terms that are specific to your marriage. Typically, these agreements allow spouses to structure the financial side of their marriage in a way that meets the needs of their specific situation rather than applying New York’s Domestic Relations Law in a way that may not.
If you are considering a prenuptial agreement, but are unsure whether one is right for you, we suggest that you meet with an attorney for a consultation to better understand your rights. Prenuptial agreements and postnuptial agreements are documents meant to help you plan for a successful marriage.
If you have questions about a Prenuptial or Post-Nuptial Agreement or would like to set up a consultation appointment, please contact office@theCDSLawFirm.com or (518) 436-4170.