What is a PRENUPTIAL/POSTNUPTIAL MARITAL Agreement?
A prenuptial or postnuptial marital agreement is a legally binding agreement that entered into before or during a legal marriage.
Do I Need an Agreement For My Marriage?
Getting a prenuptial or postnuptial agreement is much like getting insurance for your car…you hope you never need to use it but sometimes things outside of your control can come up.
Why Get a Marital Agreement?
The main reason why many couples decide to draft prenuptial or postnuptial marital agreements is to protect their interests in property and family from the uncertainties associated with divorce. Of course, no one gets into a marriage expecting to get divorced but the purpose of a prenuptial/postnuptial agreement is to resolve as many of your financial issues as possible in the event of a divorce. This helps people reduce their overall exposure to risk and litigation expenses should their marriage end in a divorce.
In the absence of a marital agreement, the distribution of a couple’s assets may be dictated by state laws that don’t necessarily serve the couple’s best interests, so drafting an agreement before (known as a prenuptial agreement) or during a legal marriage (postnuptial) can serve to protect the couple and their family from the expenses and uncertainty of potential legal proceedings.
SHOULD I HAVE MY MARITAL AGREEMENT REVIEWED BY AN ATTORNEY?
The answer is YES. You are signing a very important document that could result in you surrendering certain rights. Most states require both parties to have the opportunity for their marital (especially pre-marital) agreements to be reviewed with an experienced attorney. It may seem like a formality to you but do not allow hidden language or someone else's word have a negative effect on your future. Call 888-501-3292 to have your agreement reviewed by one of our licensed New York, New Jersey or Florida State attorneys.