Why Do Couples Get A Prenup?
Prenuptial agreements are not just for the wealthy. If you or your future spouse can say "yes" to any of the following, you should strongly consider our services:
- Own real estate, including condos or co-ops?
- Obligated on a lease for rental property?
- Have stocks or retirement funds?
- Own a business?
- May receive an inheritance or already have one?
- Children from a previous marriage?
- Student loan debts?
- Credit card debts?
At NYC Prenup, we can help you:
- Protect Assets and Inheritances
- Determine Future Obligations
- Keep Debts Separate
Below are a number of the most commonly asked questions we receive about our service and prenuptial agreements in general:
What exactly is a Prenuptial Agreement?
A prenuptial agreement or a premarital agreement is contract that you and your future spouse enter into together. Prenuptial agreements address financial issues ranging from everyday savings and spending plans to long term savings and retirement plans. Couples can also include clauses that are specific to their own situation such as business ownership, inheritances and even plans for personal property in the event of divorce.
How far in advance of our wedding date should we address a prenuptial agreement?
In most states, including New York, there is no specific timeline required for preparation and execution of a prenuptial agreement. Preparing your agreement earlier (ideally at least two months before the wedding) rather than later will take a lot of pressure out of the process for both of you and allow you to enjoy your engagement and focus on wedding plans.
Do we need to have our prenuptial agreement notarized?
After your prenuptial agreement is prepared by NYC Prenup, we advise that it is signed and notarized by a notary in New York. By having your agreement notarized, you are both giving proof of your identity and showing that you both are signing the agreement out of your own free will and not under duress.
Does the prenuptial agreement need to be filed or recorded?
There is no process of recording a prenuptial agreement. After properly signing your prenup, it is advised that you treat the original in the same manner as any official document by storing it in a fireproof safe or safety deposit box. Be sure to make several copies for your convenience.
What steps do we need to take to make our prenuptial agreement valid?
After your prenuptial agreement is prepared by NYC Prenup, we advise that it is signed and notarized by a notary in New York. By having your agreement notarized, you are both giving proof of your identity and showing that you both are signing the agreement out of your own free will and not under duress.
Do my fiancé and I both need our own attorneys when signing our prenuptial agreement?
It is not necessary for you to both have your own attorney, but you both need the opportunity to see an attorney if you desire. So if either of you have any concerns about the terms of your prenup, you should each consult with your own lawyer so that you are freely entering into the agreement and completely understand the implications of your prenuptial agreement.
Is there a certain financial formula that our prenuptial agreement needs to follow in order for it to be considered valid?
There is no specific financial formula that your prenup must follow; however, the terms of the agreement must be considered fair to both parties and cannot be considered unconscionable to either party.
What if I don't have any assets now?
A prenuptial agreement is still a good idea. You may accumulate assets during the marriage. New York laws change and judges vary. Prenuptial Agreements allow you and your spouse to choose how to divide assets and debts in the unlikely event of divorce.
Do I need to disclose all my assets and debts in writing?
Yes. It is essential that both you and your spouse have full disclosure of your respective financial situations.
Can I change or modify by prenuptial agreement after married?
Yes. As long as both you and your spouse agree, changes can be made. Any changes would need to be in writing and signed by both of you.
Difference between a prenuptial agreement and a cohabitation agreement?
Prenuptial agreements are for couples who intend to get married (if permitted by state law) while cohabitation agreements are for couples (either heterosexual or same-sex) who intend to live together. We provide both types of agreements.
Difference between a prenuptial agreement and a postnuptial agreement?
Prenuptial agreements are signed by couples before marriage. Postnuptial agreements are signed by couples after the date of marriage. We provide both types of agreements.
How much does a prenuptial agreement cost if I go to a law firm?
It depends on your location in New York and the particular lawyer, but the average cost is $3,500-$5,000. At NYC Prenup our most common service is $799.
Any other benefits of getting a prenuptial agreement?
Yes. In the event you go thru a divorce, you avoid a judge deciding your property division and court proceedings are limited. Divorce attorneys typically charge between $250 and $500 per hour.
How long does it take to receive my prenuptial agreement?
Once we receive your payment and all necessary information, we guarantee the document will be delivered to you within 48 hours.
What if I have more questions?
Feel free to contact us via email at prenup@nycprenup or phone at (855) 295-6800. Our staff is happy to answer any questions.
Do only rich people get prenups?
No. Prenuptial agreements are not just for the wealthy. Preserving assets and avoiding debts are important for all people.