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Family law: Finding security in a prenup

On Behalf of Palacios Law Group

There are a lot of misconceptions about prenuptial agreements. One of those misconceptions is that prenups are only for the very wealthy or for those who have a number of assets to protect. Another is that couples only sign prenups when they anticipate getting divorced. Neither of these are true. In family law, prenuptial agreements are helpful planning tools for virtually all couples in New York.

Although it is true that prenuptial agreements do generally address what will happen to assets during a divorce, this is not a bad thing. It might even improve communication skills and predict how any given couple might handle future conflicts. Talking about what to do with assets in the event of a divorce is admittedly difficult, but those who successfully get through the process might already show just how much conflict they can handle during marriage.

Prenuptials also make it easier for couples who are going through difficult periods. Financial stability after divorce is a significant concern for many people, and those who feel like they cannot secure that stability might decide to just stay in unhappy marriages. Couples who have prenuptial agreements are free to work through their marital issues without worrying about who will get what in the end. Deciding whether to stay married or divorce can be based on feelings rather than post-divorce finances.

Couples use prenuptials to protect all kinds of assets. Since New York family law considers pets as property, pet owners can even very clearly state that their four-legged friends will remain with them after divorce. Working out the details of a prenup might come easily to some couples, but writing and signing an enforceable agreement might be more difficult. Whether a couple has already created an agreement or needs help working out the details, it is usually a good idea to seek guidance from an experienced party.

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