At The Law Offices of Diron Rutty LLC, we understand that getting married is an exciting and joyous occasion. However, we also recognize that with marriage comes legal responsibilities and potential complications. That’s why we offer our services for writing prenuptial and postnuptial agreements for engaged and married couples.
Sometimes, you need that assurance before walking into a marriage that if you walk out of it, you and your rightful assets will be protected. A prenuptial agreement can do that. Additionally, if you already tied the knot and wish that you had taken steps to gain that assurance before getting married, a postnuptial agreement can help.
What are Prenuptial and Postnuptial Agreements?
Prenuptial and postnuptial agreements are legal documents that outline the rights and responsibilities of each spouse in the event of a divorce or death. Many people don’t know this, but prenups and postnups also help with probate, which is an excellent point to consider if you and your partner feel uncomfortable with it.
In the outcome of a divorce, these agreements allow couples to make decisions about how their assets will be divided, whether they will receive any spousal support, and other important matters before they get married or during their marriage.
When Can Someone Get a Prenuptial Agreement?
Couples can enter into a prenuptial agreement at any point before getting married. It is recommended to start the process as early as possible. Ideally, you would want to start several months before the wedding date. This would ensure that both you and your spouse have had enough time to review and make any necessary modifications.
When Can Someone Get a Postnuptial Agreement?
Postnuptial agreements are similar to prenuptial agreements, but they are entered into after the marriage has already taken place. This can happen if a couple did not initially sign a prenup or if they want to make changes to their existing agreement. If they modify their prenup, it would technically become a postnup.
What Can and Cannot Be Included in a Prenuptial Agreement?
Prenuptial agreements can cover a wide range of issues, but there are some limitations to what can be included. They cannot include anything that goes against public policy or is considered illegal. This includes decisions about child custody and child support.
While parents can make suggestions, subjects like child custody and child support cannot be finalized until the divorce or legal separation has been filed. These matters are determined by the court based on the best interests of the child and the current circumstances of the parents, such as their availability, income, and criminal history (or lack thereof). Additionally, prenups cannot include any provisions that would encourage divorce or illegal activities.
Some common things that can be included in a prenuptial agreement are:
- Division of assets and debts
- Spousal support (also known as alimony)
- Estate planning and inheritance rights
- Business ownership and management
What Are the Differences Between Prenuptial and Postnuptial Agreements?
The main difference between prenuptial and postnuptial agreements is when they are created. As mentioned before, prenups are done before getting married, while postnups are completed during the marriage.
Additionally, postnups may require additional considerations, such as the financial changes that may have occurred during the marriage. If you make a prenup and experience a life-changing event, such as the birth of a new child, an opening or closing of a business, the loss of a loved one, etc, you should update it with a postnup.
Benefits of Having a Prenuptial Agreement
Prenuptial agreements provide several benefits that can provide peace of mind for both parties in a relationship:
- They offer protection for individual assets and inherited property from being subject to the division of assets in the event of a divorce.
- Prenups provide clarity and set clear expectations about financial responsibilities within the marriage.
- Should the marriage end in divorce, a prenup can help to streamline the divorce process. This can potentially minimize conflict and legal fees by determining in advance how assets will be divided.
- Prenups can provide each spouse protection from each other’s debts. This ensures that one party isn’t burdened by the other’s financial obligations in the event of a marriage breakup.
Our Experienced Attorneys Can Help You Navigate Prenups
At The Law Offices of Diron Rutty LLC, our attorneys have extensive legal experience in drafting prenuptial and postnuptial agreements for couples in White Plains and the Bronx, New York. We understand the importance of protecting your future together and we are committed to providing high-quality legal services tailored to meet your specific needs.
Contact us today to schedule a consultation and learn more about how we can help you with your prenuptial and postnuptial agreement needs.