A prenuptial agreement is a legally binding document where two parties agree on asset division and spousal maintenance, if divorce does occur at some future point in time. The prenuptial agreement is made before the parties marry. The purpose of this agreement is to protect each individual’s assets and mitigate risks and uncertainties which may arise in a possible future divorce.
There are several requirements in creating a prenuptial agreement, and also some non-requirements that an attorney would never do without. The requirements and safeguards are implemented to protect the agreement from attack by one of the parties during a subsequent divorce proceedings, such as an assertion that a party unknowingly or while under duress signed the agreement.
It is of the utmost importance to contact an experienced family law attorney in order to create a legally binding proper prenuptial agreement. Contact the Law Office of Robert H. Montefusco, P.C. to learn more about prenuptial agreements.