Albany Family Law Blog

Do you need to get a prenup?

Posted by Joanne P. Monagan, Esq. | Jun 25, 2021 | 0 Comments

If you think that you'll be getting married to your current partner, it's a good idea to consider getting a prenuptial agreement. This is generally true regardless of your age, gender or current socioeconomic status. A prenuptial agreement may make it easier to retain control of property that you bring into the marriage such as a New York home, a business or a stock portfolio.

It's important to have a conversation about money

At a minimum, the process of creating a prenuptial agreement will require you to have an honest conversation with your spouse about money. Statistically, financial issues are among the most common reasons why married couples choose to end their relationships. In addition, the process of creating this type of contract gives you the opportunity to learn valuable communication skills that can strengthen the bond that you have with your partner.

Negotiate the terms of the divorce before the marriage takes place

There is no guarantee that your marriage is going to last forever. Therefore, it may be a good idea to negotiate the terms of the divorce while you are still on good terms with your current partner. Doing so may make it easier to craft a reasonable agreement in a timely manner. If you plan on having children with your spouse, creating an agreement today can shield them from the toxic aspects of a split.

It is important to note that a judge would have to approve the terms of any custody plan that you created with your child's other parent before it could go into effect. A family law attorney may be able to provide more insight into what you are allowed to include in any agreement reached prior to getting married.

Ideally, you will have an attorney review a prenuptial agreement before it goes into effect. He or she may be able to ensure that the document adheres to state law and will likely be able to withstand a legal challenge. It may also be worthwhile to have a legal representative review the document again prior to initiating divorce proceedings.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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