Prenuptial Agreements

We strongly advise both parties to seek legal counsel during prenuptial agreement negotiations. This ensures a complete understanding of the agreement's terms and safeguards the interests of both parties.

Misconceptions About Prenuptial Agreements

Contrary to popular belief, discussing a prenuptial agreement does not imply a lack of trust or commitment. Instead, it demonstrates a commitment to financial transparency and mutual respect. Our experienced attorneys can assist by facilitating constructive conversations and providing support and resources to navigate this process effectively.

FAQs About Prenuptial Agreements

We understand that prenuptial agreements raise many questions. Here are some of the most common ones we are asked:

• Do I Need a Prenuptial Agreement? If you or your spouse have concerns about protecting premarital assets or you plan to divide income and assets any differently from what New York law would assume, then you likely need a prenup. Even if divorce seems unlikely, it’s wise to plan for unforeseen circumstances. Negotiating terms for a prenuptial agreement also provides an excellent opportunity for you and your future spouse to have a guided discussion about finances, which is not often a topic that is discussed while dating.
• How Long Does It Take to Draft a Prenuptial Agreement? It could take 3 or 4 months to thoroughly discuss and negotiate the terms of a prenup. We advise starting the process approximately six months before the wedding to allow sufficient time for drafting and negotiations. You don’t want to still be negotiating terms just weeks—or days—before your wedding.
• Does a Prenup Protect Income and Assets Acquired During the Marriage? Yes, a prenup can protect future income and assets as well as the increase in value of those assets. For couples who plan to keep their finances separate during the marriage and only share assets that are put into joint name for example, a prenuptial agreement will be necessary to make sure that intention is enforced should the marriage end.

• What If We Need a Simple Prenup? Having a truly “simple prenup” likely means that you are planning to divide income and assets the same way the law already dictates for divorcing couples. However, if you and your future spouse want to define marital properly any differently than what the law provides or you plan to waive any of your legal rights, your prenup will be a more complex document to properly suit your needs.
• What if We Run Out of Time and Our Prenuptial Agreement Isn’t Signed Before the Wedding? Prenuptial agreements need to be signed before the marriage. However, there is an opportunity to sign what’s called a Postnuptial Agreement after the wedding. Like a prenup, a Postnuptial Agreement is a document that clarifies your financial rights and obligations, outlines how assets and debts will be divided in a divorce, and helps you avoid a contentious divorce.

Contact Vacca Family Law Group

Vacca Family Law Group has crafted hundreds of meticulously detailed prenuptial agreements for couples in New York City with all different backgrounds and financial situations. Our attorneys can help you understand how the terms of your prenup can address your specific needs and provide confidence and peace of mind as you and your spouse enter your marriage. For more information or to begin the process of creating your prenuptial agreement, contact us online or call us at (646) 502-8591 to schedule your free introductory call.