A prenuptial agreement is a good planning document, but it is only valuable if it is valid. In order to ensure that your Westchester County prenuptial agreement is valid, you will need to have it reviewed in full by a legal professional. Here are the four most common reasons that a prenuptial agreement might be considered null and void.
Each spouse is required to provide full disclosure of assets in a Westchester County prenuptial agreement. If one spouse discovered that the other hid assets, the first spouse may be eligible to argue that the agreement should be thrown out.
Improper Paperwork Filing
The enforceability of a prenuptial agreement can come down to seemingly small details. Careless or overlooked errors might mean that the agreement is less airtight than you expected. If it was not drafted and filed properly, the agreement can be rendered invalid.
Signed Sans Legal Representation
Both parties signing a prenup should have their own legal counsel. It is never a good idea to sign any legal documents without having an attorney review it.
The Agreement is Considered Unfair
If your Westchester County prenuptial agreement has ludicrous provisions inside or is determined to be too unfair, there may be a chance of invalidating it down the road. This is especially true of agreements that include statements regarding claims that no child support will be paid or provisions about weight gain or hair color.
All of these mistakes can be avoided by going over the document carefully under the guidance of an experienced professional. It can be surprising and confusing to have a prenuptial agreement thrown out, so do your due diligence.
These agreements in Rockland County might end up serving similar purposes, but they are different largely based on the time in which they are used. To understand which one might work for you, learn about the differences between these three documents.
A post-nuptial agreement is similar to a prenuptial agreement, the primary difference being that a post-nuptial agreement is made while the parties are still married. The couple might still have a healthy relationship but be interested in getting some clarity on property that would remain separate. Resolution of key issues in a binding document can help a healthy marriage continue to stay strong. Sometimes a post-nuptial agreement is made to provide a guarantee that both spouses remain on the health care plan of one spouse if the marriage ends.
A separation agreement in Rockland County, however, is different. These agreements should contain decisions related to all areas marriage dissolution such as child support, child custody, maintenance, and property division. If these issues are agreed upon through a separation agreement, usually the divorce can be uncontested if and when the parties decide to file. A couple will still need to file for divorce before the actual uncontested divorce package can be submitted to the local court, however. Addressing these concerns in a separation agreement can help expedite the divorce process, if it comes to that.
While both documents have their differences, both can be helpful for addressing possible divorce issues ahead of time. This gives both parties peace of mind about what to expect if the marriage does eventually dissolve.
Prenuptial Agreements in Weschester County have not only become more popular—they’ve become easier than ever to make. With the rise in alternative dispute resolution processes like prenuptial agreement mediation, determining how property will be distributed and what scope of alimony would be fair doesn’t require “lawyering up” to make the process more difficult than it has to be.
But I love him/her…
While most marrying couples like to believe that they will never separate or need to go through with the terms of the agreement, the simple fact is: separation happens often, and to the strongest relationships. Beyond the normal “triggers” for divorce, there are situations that occur that are out of the control of both parties, making marriages dissolve and separations happen even in the most well-meaning relationships. Preparing for this possibility is not cynical or unromantic—rather, it is smart thinking and wise financial planning for both partners.
This is why you need it.
When separation and divorce does occur, for most couples going through it, the transition can be financially and emotionally devastating for everyone in the family—including the children. The primary reason this happens is because the family hadn’t planned for this, or hadn’t thought of the logistics of how it would work out to separate one household into two. In addition to moving costs, the costs of an additional mortgage or rent payment, and the expense of new furniture and household goods, the emotional toil a separation or divorce has a heavy cost, too. With a mediated prenuptial agreement, there is already an outline of how to shield the family as much as possible from these costs, or from one person taking on an unfair portion of them.