Can You Get Prenup After Marriage In New York?

by ECL Writer
Can I Write My Own Prenup Agreement In New York?

Yes, you can get a prenuptial agreement (also known as a prenup) after marriage in New York. While it is more common for couples to sign a prenup before getting married, there are circumstances where couples may want to create a prenuptial agreement after they have already tied the knot.

In New York, a prenuptial agreement is a legal document that outlines how a couple’s assets and liabilities will be divided in the event of a divorce. It can also cover issues such as spousal support, property division, and the distribution of debts. Prenups can provide a sense of security and peace of mind for both parties by clarifying each person’s financial rights and obligations.

So, if you’re already married and want to create a prenup, you have the option to do so through a postnuptial agreement. A postnuptial agreement is essentially the same as a prenup, but it is created after the marriage has already taken place.

There are several reasons why a couple may choose to create a postnuptial agreement. For example, if one spouse inherits a significant amount of money or property after the wedding, they may want to protect those assets in the event of a divorce. Additionally, if one spouse decides to start a business or pursue a high-paying career after the wedding, they may want to ensure that their spouse does not have a claim to those earnings or profits.

To create a postnuptial agreement in New York, both parties must fully disclose their assets and liabilities to one another. This means that each spouse must provide a complete and accurate list of all their financial holdings, including bank accounts, investments, real estate, and debts. It is essential to provide full disclosure because any undisclosed assets or liabilities can render the postnuptial agreement invalid.

Once both parties have disclosed their financial information, they can work with a lawyer to draft the postnuptial agreement. The agreement should be in writing, signed by both parties and notarized to be legally binding.

It’s worth noting that postnuptial agreements are subject to the same legal requirements and limitations as prenuptial agreements. For example, a postnuptial agreement cannot include provisions that are illegal or against public policy, such as waiving child support obligations. Additionally, both parties must sign the agreement voluntarily, without any coercion or duress.

Should I get a prenup before or after the marriage license in New York?

The decision to get a prenuptial agreement (prenup) in New York should be made well in advance of the wedding day. However, if you haven’t done so and are wondering if you should get a prenup before or after obtaining your marriage license, the answer is: ideally, before.

A prenup is a legal agreement that outlines how a couple’s assets and liabilities will be divided in the event of a divorce. It can also cover issues such as spousal support, property division, and the distribution of debts. While it’s not the most romantic topic, creating a prenup can provide a sense of security and peace of mind for both parties.

In New York, a prenup must be executed before the marriage ceremony takes place. This means that if you want to create a prenup, you must do so before obtaining your marriage license. However, keep in mind that creating a prenup is not a quick process. It can take several weeks or even months to negotiate and finalize the agreement, so it’s best to start early.

Waiting until after obtaining a marriage license to create a prenup can also raise questions about the validity of the agreement. If one party argues that they were coerced or pressured into signing the prenup, the court may invalidate it. Therefore, it’s best to avoid any potential issues by creating the prenup well in advance of the wedding day.

However, if you are already married and didn’t create a prenup before the wedding, you can still create a postnuptial agreement. A postnuptial agreement is essentially the same as a prenup, but it is created after the marriage has already taken place.

A postnuptial agreement can be an effective tool for protecting your assets and clarifying financial expectations, but it’s important to keep in mind that it can be more challenging to create a postnup than a prenup. Since a postnup is created after the couple has already tied the knot, it can be more difficult to ensure that both parties are fully aware of the agreement’s terms and are entering into it voluntarily.

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