Empowering People Through Prenups And Marital Agreements
Couples who are newly engaged or recently got married can have much to consider regarding their future. While it may not be the most romantic thing to do before tying the knot, many couples know that nearly half of marriages end in divorce in the United States and may want to get a plan in place if they decide to split. In these instances, couples may choose to get a prenup and use it as a safety net. Even if couples are already married, they may want to put another type of marital agreement in place to secure their individual futures in case they divorce. This is especially true when one spouse is set to receive a large inheritance or is engaged in a family business.
Fersch LLC can offer experienced and knowledgeable legal counsel for forming, drafting, and finalizing prenups and other marital agreements. We’ve helped countless New Yorkers decide what they want to include in their prenuptial or postnuptial agreements and facilitate the negotiations with the other spouse’s legal counsel.
How To Know If A Prenup Is Right For You
Prenups can be a sound investment. However, every couple has a unique story and relationship dynamic. They may want to consider a prenup if one or both of them have:
- Substantial debts
- Children from a previous relationship
- Potential to receive an inheritance
- A business they want to protect
Aside from these reasons, more couples nowadays value their individual identities outside the relationship and want to protect their mental health and personal finances if things don’t go as planned.
How To Know If A Prenup Isn’t Right For You
While prenups can be beneficial in many instances, there are some cases where having one may be less critical. For example, couples may not find as much value in a prenup if:
- Neither has significant assets
- They don’t want to limit or eliminate paying spousal support
If you have more questions about whether or not you and your partner could benefit from a prenup, contact one of our lawyers today. We can address any additional questions or concerns you may have.
Other Types Of Marital Agreements
While prenups are for couples about to get married, those who wish to form a marital agreement after saying “I do” still have options. A postnuptial agreement, for example, is nearly identical to a prenup and can offer similar protection. Both documents are treated similarly by a court during a divorce proceeding, and can face challenges to their validity that may put them under scrutiny. These post-marital agreements are generally enforceable in New York as long as they meet specific legal requirements.
If you and your spouse want to form a postnup, we can help you create one that meets your needs and complies with New York state law.
Fersch LLC Can Help Protect Your Future
The discussion of potential divorce is not a flowery or romantic conversation right after getting engaged or married. However, when couples have these difficult conversations early on and get a plan in place, they can foster a sense of trust and security that can strengthen their bond.
By completing our contact form, schedule a consultation with one of our New York City family law attorneys. We look forward to assisting you.