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Divorce Attorney Nassau County Ny, Prenuptial Agreements Nassau County Ny
Avoid These Mistakes When Preparing a Prenuptial Agreement
Prenuptial Agreements are written documents which are often referred to as rental agreements. They are designed to govern the property division between a man and his wife following the dissolution of their marriage. Prenuptial agreements can cover a wide range of issues and concerns, including property divisions, child custody, visitation rights and more. Because they are legally binding, they must be properly prepared and drawn up by licensed professionals in the state of New York. In many instances, a family law attorney will be able to assist you with preparing and drawing up a Prenuptial Agreement.
If you have ever been involved in a divorce proceedings, then you know all too well about the stress that it can place upon a couple. These proceedings can be lengthy and arduous on even the most organized of people. For this reason, it's never a good idea to try to draw up your own Prenuptial Agreement without the help of a professional family law attorney. Doing so may only exacerbate the issues involved in the divorce, putting both you and your soon-to-be ...
... ex-spouse under undue stress. It's also not a suggestion that you should go through with the process without the full representation of a licensed attorney.
Prenuptial agreements are different than many other types of legal agreements. Unlike divorce decrees or annulments, a Prenuptial Agreement does not decide which parent gets custody of which child; the agreements only address specific questions regarding property and child custody. A Prenuptial Agreement is a legally binding agreement. Because it is a legally binding agreement, it is important that you obtain legal advice from a licensed family law attorney when preparing these documents.
If you do decide to seek the aid of an attorney in preparing your Prenuptial Agreement, be aware that there are particular issues that need to be addressed. First, be certain that both you and your spouse are satisfied with the terms of the agreement. There is no room for haggling when drafting a prenuptial agreement. Haggling over which spouse gets custody or visitation, for example, is not only impractical but also completely unnecessary because such arguments could easily be resolved.
Secondly, be sure that you understand the legal ramifications of a prenuptial agreement. While the document is obviously designed for your benefit, it may not necessarily apply in your particular situation. The laws regarding prenuptial agreements vary greatly depending where you live. Be sure that you obtain legal advice concerning the local implications of the document.
One of the more common mistakes people make when preparing a prenuptial agreement is failing to include "or" in the clause. As long as there is an intention to marry, the word "or" in the clause indicates that the marriage will indeed occur. Additionally, be aware that some states have rules regarding prenuptials that differ from state to state. Be sure that you fully understand any and all laws that are pertinent to the agreement. Even if you plan on divorce in the future, it is important to draft a Prenuptial Agreement to prevent damage to your credit rating and/or asset protection. Drafting the agreement correctly will ensure that you enjoy many years of loving, committed relationship with your spouse.
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