When you create a prenuptial agreement, make sure it's strong

In a divorce, your partner and their attorney will almost certainly fight for as much property, money and other assets as possible. If you are not careful, they could succeed, leaving you financially devastated. One of the best ways to prevent this scenario is by signing a prenuptial agreement.

Not all prenuptial agreements are created equal. You should take this statement as fact if you are in the process of creating a prenup. Flimsy, unenforceable prenuptial agreements will not hold up in court, and could put your hard-won assets at risk during property division. To protect your best interests in a divorce, it is necessary to create a prenuptial agreement that is legally airtight.

Creating a strong prenup

You want your prenuptial agreement to protect your property and hold up in any Buffalo court. These are a few tips to make that possible.

  • Plan your prenup in advance. Rushing to create one at the last minute puts you at higher risk for mistakes or hasty decisions that you may regret.
  • Still, it is better late than never. Even if you have procrastinated making a prenuptial agreement, it is far better to tackle it later than never.
  • Be honest with your partner throughout the process. Be clear that you intend to have a prenup. Have a frank discussion about your finances, assets and your future together.
  • Don’t go it alone. Too many people try to handle the legal aspects of a divorce themselves, only to be bogged down in legalese. Work with a Buffalo attorney who understands divorce law.

Make a strong prenup a priority

New York is an equitable division state, which means that a court will examine your marital property and divide it equitably between you and your spouse. However, most courts will defer to the stipulations of a prenup. It is an excellent way to avoid the risk of having the court divide your assets. When you and your partner decide to get married, insist on getting a strong prenuptial agreement.

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Keith B. Schulefand, Esq.
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