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Prenups 101: What You Should Know

Prenups 101: What You Should Know

When you are preparing to walk down the aisle, what happens after marriage may not be on your mind. However, there are benefits to planning in the event of a divorce. Eiges & Orgel, PLLC is here to tell you all about prenuptial agreements in New York.

What is a Prenup?

A prenuptial agreement is a contract that two spouses sign before marriage. The contract details aspects such as property division and assets in the event of divorce or death. It is important to note that each state has different requirements for a prenup.

In New York, prenups go into effect as soon as the couple gets married. For it to go into effect, it must be signed by both parties. The signatures must take place in front of a notary as well. If your agreement is not signed, the courts will not find it valid.

In your prenup, you can cover multiple issues that you would encounter in divorce court. This eases the divorce process while also protecting your assets during the marriage. The order can include the following topics:

  • Distribution of assets or debts

  • Rights to family businesses

  • Rights to control properties

  • Their specific right to property [whether it is shared or separate]

  • Any other particular issues the couple wants to include

Prenup agreements in New York can also address issues regarding children in the event of a divorce. However, the courts will refer to this along with the child’s best interests. These agreements can not definitively state child custody or child support setups.

Who Should Get a Prenup?

Contrary to popular belief, prenups aren’t just for families with a lot of money. These are documents that can be tailored specifically to each couple’s needs. Maybe you have specific assets that you want to remain yours in the event of a divorce. Or, you could be remarrying and have specific funds set aside for kids from your previous marriages. A prenup agreement can help ensure that you have a safety net in place if divorce or death happens. This is why it is not only for a specific group of people.

New York City Prenuptial Attorneys

Our skilled attorneys at Eiges & Orgel, PLLC can help you navigate your prenuptial agreement. We can help ensure that you have a guide in the event a divorce does happen. Contact our team today at (347) 848-1850 to schedule a consultation.

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