Part II: Queens Prenuptial Agreement FAQs

Wednesday, July 16th, 2014, 3:29 pm

In our last blog, we shared answers to commonly asked questions related to New York prenuptial agreements. To find out what we covered in Part I of our Prenuptial Agreement Q & A, click here.

Here are answers to more frequently asked questions about the prenuptial agreement process in New York.

Do I need to update my prenuptial agreement? If so, when?

You may want to at least review the terms laid out in your original prenuptial agreement after about a decade of marriage. While it's possible to update the agreement, it's not a requirement. However, depending on your unique situation, you may choose to be more generous. You also might choose to add a “sunset clause” to your agreement, which stipulates that the contract expires at a certain time, like after 15 years of marriage, for example.

Should same-sex couples in New York sign a prenuptial agreement?

Gay marriage was legalized in New York as of July 24, 2011, but same sex divorce is a new issue. Keep in mind that ending any marriage without a prenuptial agreement can get ugly. All couples have their own unique circumstances and each party has assets and possibly even children they would like to have a sound plan for in the case of divorce.

Can I use an online "do it yourself" prenuptial agreement program?

Although the internet has come a long way, sites that provide anything "do-it-yourself" when it comes to legal issues should be avoided. Though sites may provide you with what you think may be the necessary forms, the online DIY process can leave you vulnerable to adverse legal consequences. The prenuptial agreement attorneys at FK Law Groups of Queens work with you throughout the process, identifying your goals and providing you with a personalized experience that best suits the needs of you and your partner.

How do I tell my partner that I would like a prenuptial agreement?

Broach the topic like you would any other sensitive matter, talk to your future spouse honestly, while letting them know their comfort is a chief concern. Whatever you do, don't wait until the week, or worse, the night, before the wedding. Presenting your fiancé with a prenuptial agreement shortly before the wedding leaves you open to legal issues, since the closer to the wedding it is, the more likely it is that your partner was coerced into signing, or felt pressure during an already stressful time.

What terms can be agreed upon in a prenuptial agreement?

Below is a sampling of items that may be laid out in a prenup:
-Determining which assets each owns and which are jointly owned
-Which party has the right to manage the property, meaning for -example, who can sell, transfer, or lease the marital property
-He property is to be handled upon separation, divorce or death
-Spousal support
-Creating a will, trust or other arrangement to implement the agreement.

What is the timeframe for the drafting and signing of a prenuptial agreement?

There is no standard answer to this question, as it depends on the couples' financial situation as well as the amount of negotiation that will be necessary to agree on the terms of the contract. Contact a New York prenuptial agreement attorney today to begin the discussion.

Call the Prenuptial Attorneys at FK Law Group

The attorneys of FK Law Group provide efficient and effective legal assistance to engaged couples throughout Queens and the greater New York City area with the entire prenuptial agreement process. Contact us at 800-631-1757, whether you are looking to draft a prenup or you need an attorney to review a contract your future spouse has presented to you.

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Category: Divorce Law, Prenuptial Agreements

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FK Law Group

80-12 193 street, Hollis, NY 11423

Office: (800) 631-1757