Prenuptial agreements must be done right the first time

When a person wants to get married, they may want to consider whether a prenuptial agreement is a good idea for them and their future spouse. Many times these agreements can be beneficial to both parties entering into a marriage.

Typically, both parties will want to get their own attorneys to look over the agreement. This can help make sure the agreement considers the interests of both people involved.

Sometimes people want to make these prenuptial agreements on their own, without the help of an experienced family law attorney. While this might be an attempt to save money, it might result in an agreement that isn't properly constructed, leaving the agreement unenforceable. One couple in another state recently discovered that trying to legitimize an agreement after an error was discovered wouldn't work.

An experienced family law attorney can help make sure that an agreement fits the needs of a couple, and make sure that the document will work. Sometimes even an administrative-type error can result in an agreement being void. This isn't something a couple wants to discover if they get a divorce.

Prenuptial agreements can help couples understand how property might be divided along with many other divorce related issues. While no couple enters into a marriage with the expectation that it will end, these agreements can help make ending a marriage more predictable. They establish guidelines for how things will be handled, and can minimize the stress involved with property division, including dividing retirement and savings accounts that they two people might share.

Source: Thomson Reuters News & Insight, "Defective prenup not cured by affidavit: N.Y. Court of Appeals," Daniel Wiessner, May 30, 2013


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