If you are currently engaged, you might be thinking about how to bring up a prenup with your partner. A prenuptial agreement is a document you can sign before your marriage that outlines how your assets will be divided in the event of your divorce or one partner’s death. It can also provide guidelines for the use of marital funds and assets during the marriage.

To learn more about the prenuptial agreement process in New York, speak with an experienced divorce lawyer. Your lawyer can help to dispel any myths you believe about prenuptial agreements and give you a more accurate perspective on the process and what one can do for your marriage.

How to Approach a Prenup

Many people are hesitant to discuss prenuptial agreements with their partners because they are worried that it will make them seem like they are eager to divorce or that they are not committed to their marriages.

Approach the prenuptial agreement conversation calmly. Do not bring it up during a fight or another high-tension moment, such as while you are planning your wedding. Instead, approach it like you would approach buying an insurance policy – as something that you don’t want to have to use, but it will benefit you tremendously if you are in a situation where it becomes necessary.

Discuss the Benefits of a Prenup for Both Parties

Talk about the practical reasons a prenuptial agreement can help you. Prenuptial agreements are popular with individuals entering their second and subsequent marriages because often, they have children from their first marriages who they want to ensure receive a share of their assets in the event of their deaths.

Talk about how a prenuptial agreement can make the divorce process easier if you do end up divorcing. They are also popular with business owners because they can be used to designate specific assets, such as an interest in a small business, as separate property.

Talk to a Lawyer Together About Drafting and Signing a Prenup

One way to make this discussion easier for yourself and your partner is to meet with a divorce lawyer together to go over your concerns and your needs. A lawyer can answer any questions you have about prenuptial agreements, such as what can and cannot be included in one and the circumstances under which a prenuptial agreement can be deemed invalid in court. Do not be embarrassed to ask about a prenuptial agreement – a prenuptial agreement can give you and your partner peace of mind, even if you never have to use it.

Work with an Experienced Brooklyn Family and Divorce Attorney

There is no reason to be afraid of a prenuptial agreement. It does not mean that you are not committed to your fiancé, that you do not trust them, or that you plan to end your marriage in the future. It is simply a pragmatic step that can protect you both in the event of a divorce or untimely death. To learn more about prenuptial agreements, and estate planning, contact Theodore Alatsas ESQ today to schedule your initial consultation with an experienced New York divorce lawyer.

Ted Alatsas
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Trusted Brooklyn, New York Family Law Attorney helping NY residents with Elder Law and Asset Protection
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