Couples planning for marriage should focus on the joy of a new commitment to each other. However, proactive couples should also consider creating a prenuptial agreement, especially if either spouse has been married before, has children from a previous marriage or has assets that require special protection. We at Maura Barrett Law know the benefits of prenuptial agreements.
A prenuptial agreement should set out what will happen in the event of a divorce and/or death – just in case.
Once thought of as a sign that a couple did not have faith in the long-term viability of their relationship, prenuptial agreements are now recognized as what they really are: useful tools used to decide how assets should be handled if the marriage ends in divorce.
Similarly, many couples choose to live together and share their lives but not get married. In these situations, a cohabitation agreement can be used to specify what should happen to the property if the relationship ends.
A prenuptial agreement is a contract that sets out what will happen in the event of a divorce and/or death. Couples sign them before marriage as part of marriage planning. Prenuptial agreements can be an especially good idea if either spouse has been married before, has children from a previous marriage or has assets that require special protection.
With the passage of the Marriage Equality Act in July 2011, which legalized same-sex marriage in New York, gay and lesbian couples now enjoy the same rights and responsibilities as heterosexual couples. Same-sex couples thinking about marriage can benefit from a well-crafted prenuptial agreement that defines their rights in the event of divorce.
A cohabitation agreement can be used to protect people who live together in long-term nonmarital relationships, whether heterosexual or same-sex. These agreements are particularly helpful when a party wants to take that next step with a partner such as starting a business together, purchasing property and/or commingling assets.
Because New York law does not protect unmarried couples the way it protects married couples, a cohabitation agreement can be used to build in protections you would not otherwise have and give you peace of mind.
Maura Barrett Law has gained a reputation for effective and compassionate representation tailored to each client’s individual needs.
Our depth of family law knowledge coupled with real-world problem-solving skills allows us to protect our clients’ interests in ways that often exceed their expectations. If you are considering a prenuptial agreement or cohabitation agreement, we can help you create a plan that protects your interests. Contact our office in town of Poughkeepsie by calling us at 845-486-4300 or sending us an email to schedule your initial consultation.
It’s a contract made before marriage that defines each spouse’s financial rights and responsibilities if the marriage ends.
Anyone with significant assets, business interests, children from a prior relationship, or differing financial expectations.
Yes, as long as they’re properly drafted, voluntarily signed, and fully disclose assets.
Yes. It can specify support obligations, property rights, and how certain assets will pass in the event of death or divorce.
You can create a postnuptial agreement to amend terms, subject to similar legal requirements.
It’s not too late. A postnuptial agreement can address many of the same issues after marriage.
A well-crafted prenuptial agreement helps couples enter marriage with mutual understanding and peace of mind. Let us help you create one that fits your goals.
