Pre-Nups & Post-Nups: Why You Need a Matrimonial Attorney Before Marriage

Marriage is one of the most significant achievements in an individual’s life, and uniting your life with another person is both a personal and legal decision. With your upcoming life journey, you must realize how crucial it is to have something to fall back on to ensure your financial and legal well-being. Whether you are marrying for the first time or merging families from a prior marriage, a prenuptial agreement (pre-nup) or postnuptial agreement (post-nup) can be an important factor in protecting your assets, leveling the playing field, and minimizing the opportunity for future conflict.

At The Law Office of Shawn R. Kassman, representing Suffolk County, Nassau County, and Long Island, we are sensitive to the nature and intricacies of marital contracts. With an experienced matrimonial lawyer, you can get the advice and security you require in planning for a future with the one you love.

What Are Pre-Nups and Post-Nups?

Before diving into why you need a matrimonial attorney for your pre-nup or post-nup, it’s essential to understand the distinction between the two.

• Prenuptial Agreement (Pre-Nup): This is a contract that both individuals sign before they get married. It describes how property, debts, and assets are to be divided in the case of divorce, separation, or death. It can also state the terms of alimony or spousal support. A good pre-nup can avoid lengthy, protracted, and expensive legal proceedings in case the marriage does not work out.
• Postnuptial Agreement (Post-Nup): A post-nup is nearly identical to a pre-nup but is entered into after the marriage has occurred. Couples might opt to write a post-nup if they did not prepare a pre-nup prior to their wedding or if their situation changes throughout the marriage (for example, inheriting substantial assets or beginning a business). Post-nups have the same function as pre-nups, offering explicit directions of asset separation and other financial issues in case of break-up or divorce.

Why Do You Need a Matrimonial Attorney Before Marriage?

Although the thought of having pre-marital discussions regarding financial agreements might not be the most romantic idea, it’s a sensible decision that can rescue you and your partner from a lot of stress and future financial headaches. The following are some of the most important reasons why hiring a matrimonial attorney is advisable prior to marriage:

1. Protect Your Assets and Financial Interests

Whether it’s your savings, antiques, or business ventures, everyone has things that they’ve worked hard to acquire. If you don’t have a pre-nup or post-nup agreement, the division of those assets during divorce could be decided under New York’s equitable distribution laws, which might not be what you want.

A matrimonial lawyer can assist you in safeguarding your assets through the assurance that some properties or assets are explicitly defined and maintained in the contract. For instance, if you have a business or have vital financial interests, a pre-nup or post-nup can be used to safeguard these assets and ensure they are not commingled with the marriage property.

2. Define Financial Expectations and Obligations

A marriage isn’t all about love—it’s also about mutual responsibilities. A pre-nup or post-nup helps couples define their financial expectations and roles before or after the marriage. This can range from how the debts will be handled if one partner will contribute to subsidizing the other to how the financial obligations will be split.

By having well-defined terms in writing, the couple can prevent misunderstandings, financial conflicts, and disagreements later on. You can be advised by a matrimonial lawyer in drafting terms that are reasonable, balanced, and legally valid.

3. Lessen Potential Conflict in Case of Divorce

Divorce is emotionally exhausting, and the last thing you want amid this challenging period is to become involved in hostile, long-drawn-out legal battles. Pre-nup or post-nup may ensure that divorce lawyer proceeds more easily as it stipulates clearly in the advance arrangement how your properties will be split and the financial duties of every spouse. Without any terms set up in the previous arrangement, your divorce proceedings become a painful, time-wasting, and costly legal proceeding, which may pose significant emotional as well as monetary strain.

A matrimonial lawyer can make sure that the conditions in your contract are enforceable under the law, minimizing the chances of disputes in case of separation.

4. Safeguard Inherited Property and Family Businesses

If you inherited property or have a family business, safeguarding these properties is particularly important in the case of divorce. In the absence of a pre-nup or post-nup, these properties may become liable for distribution under New York’s marital property laws. A prenuptial or postnuptial agreement can explicitly state that these properties are excluded from the marital estate and thus safe from division in the event of divorce.

A matrimonial lawyer can assist in making sure that your inherited property and business interests are safeguarded, which can be especially significant if they are crucial to your family’s financial future.

5. Plan for Future Changes and Circumstances

A post-nup or pre-nup can also be used as a means of planning for future changes and events in your marriage. For instance, if a spouse chooses to step away from the workforce in order to stay home and care for children or if the couple intends to begin a business together, the provisions of a marital agreement can specify how these changes will affect the division of property, spousal support, and alimony.

Having a matrimonial lawyer involved in the drafting enables you to pre-empt foreseeable changes and to make the agreement flexible and compliant.

6. Peace of Mind for Both Parties

The most crucial advantage of having a pre-nup or post-nup is the sense of peace it brings to both spouses. Knowing that there is a transparent and equitable agreement between the two of you when it comes to money matters promotes trust and communication in the marriage. Couples can enjoy their relationship and future life together, knowing they’ve done everything they could to secure their financial future.

Get the Legal Guidance You Need

If you’re thinking about a prenuptial or postnuptial contract, you must speak with a knowledgeable matrimonial attorney who can help walk you through the experience. At The Law Office of Shawn R. Kassman, we have expertise in developing personal, legally compliant contracts that meet your individualized needs and objectives. Representing clients across Suffolk County, Nassau County, and Long Island, we’re dedicated to offering thoughtful, practical legal resolutions to safeguard your interests both before and after marriage.

Need Legal Assistance? Contact Us Today! 631-232-9479,
Email: info@centralisliplawyer.com

Whether you’re dealing with Parental Rights Child Support and Neglect Proceedings, Visitation Proceedings, Wills Trust and Estates Law, Uncontested Divorce, Criminal Law, Divorce, Family Law, Estate Administration, Real Estate Law, Traffic Tickets, Real Estate & Landlord Tenant Law, Traffic Violations, DWI / DUI – Driving While Intoxicated, Driving With Suspended License issues, or need expert legal guidance throughout Suffolk County and Nassau County, the Law Office of Shawn Kassman is here to help. Visit us at: 83 Carleton Ave., Central Islip, NY 11722