Prenuptial Agreements: Put Everything in Writing
A New York State appellate court, in a surprise move, recently rejected a prenuptial agreement. While the family and divorce laws vary from state to state, prenuptial agreements tend to be respected and upheld in most court proceedings when they are properly prepared and executed.
A recent Wall Street Journal article on the topic titled “Shoring Up Your Prenup” contains important reminders when preparing a prenuptial agreement in advance of a wedding:
- Put everything in writing
- Give your fiancee plenty of notice
- Don’t try to keep it all
- Don’t leave anything out
A prenuptial agreement, entered into before the marriage date, gives each party the comfort of knowing that their wishes are legally binding.
Reaching agreement as to how assets, liabilities, and family obligations will be handled makes it easier for the parties to focus on achieving a mutually supportive marital relationship.
Situations that may cause a prenuptial agreement to be questioned include an execution date very close to the wedding date, or competing claims of verbal agreements not reflected in the legal document. Failure to include significant assets in a prenup also can potentially cause trouble, particularly when there is a disproportionate level of wealth between the two parties.
A family law attorney who is experienced in prenuptial agreements can help a couple avoid common pitfalls that may cause trouble later in the marriage if there is a dispute over asset allocation or care of children.
Click on the link to read our Fact Sheet, Prenuptial Agreements Protect a Second Marriage.
Contact a Florida Prenuptial Agreement Attorney
Every family is different. Fort Lauderdale divorce attorney Marcy Resnik understands the personal and sensitive needs of a person contemplating a second marriage. Contact her to discuss your case.
