One of the biggest misconceptions regarding prenuptial agreements is that a person has to have a lot of money and assets to create one. However, the truth is that this sort of contract can benefit many couples who have decided to tie the knot. The main purpose of a prenuptial agreement is to ease the divorce process if it ever comes up and also to work as a legal foundation to protect a person’s assets.
Because the use of these contracts is so versatile and handy, many more couples are opting to sign a prenuptial agreement before getting married. The law requires certain factors to be included in the prenup, and for a person’s own good, they should make sure to include certain matters as well. Firstly, they should agree to full and fair disclosure, this means that a complete disclosure of each person’s financial circumstances must be provided, including their assets and debts. If a spouse defrauds the other, then the terms of the agreement will likely be invalidated.
Another important fact is that it must be written down and signed before marriage. It must also be signed by both parties before a notary public and both spouses should be above 18 years old and mentally competent. If any of these points are not followed through, then the court may not accept and recognize the legality of the document. Other factors that are included in a prenup is property division, alimony, child custody and child support.
Why should I hire a lawyer when making a prenuptial agreement?
One of the main reasons that couples decide to sign a prenuptial agreement is so they retain the right to their own property in the event that a divorce does end up occurring. It is also possible to divide the debts and determine who has the right to sell and manage any owned property.
There is a lot at stake when a person is creating a prenup and if a person wants to avoid being taken advantage of, they should make sure they have a qualified attorney by their side. A lawyer will be able to advise them on what steps to take for their best interest and will read through everything and confirm that a person is only getting what is in their favor and not unnecessarily giving their rights away to their spouse.
Get in touch with a divorce attorney at the Law Office of Charles Zolot to get help creating a prenuptial agreement and to get advice regarding any matters regarding divorce.
Reach out to the at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640