CDH Law discusses what a prenuptial agreement is.

Prenuptial Agreements

By David Hammond

A prenuptial agreement is often a sensitive topic to broach with your significant other. As you plan for marriage and a future together, couples often shy away from discussing such an agreement as it plans for a future in which they are separated by divorce or death. Prenuptial agreements, however, can bring a great deal of comfort and peace of mind by setting up expectations and responsibilities relating to the marriage. Every couple is different and, therefore, every prenuptial agreement is different. Terms will vary depending on the situations and circumstances of the individuals who are a party to the agreement.

What Should Be Included in a Prenuptial Agreement?

A prenuptial agreement is established between two future spouses. In New York, the agreement takes effect as soon as the couple marries. Instead of preparing for divorce, the real purpose of a prenuptial agreement is to set expectations for a couple’s future together. It can help them manage their assets and established expectations for what kind of lifestyle they will have. While the terms of a prenuptial agreement will vary depending on a couple, there are certain terms everyone should consider including.

  • Assets acquired and liabilities incurred: A prenuptial agreement can address how property and debts should be distributed in the event of death or divorce. This includes those assets and liabilities that were acquired either individually or as a couple.
  • Other property rights: The couple should think about the rights to buy, sell, or transfer ownership rights of property. Additionally, if there is a business involved, a prenuptial agreement can address any rights each spouse may have in owning and managing the business. 
  • Alimony: The agreement can address any details regarding spousal maintenance. This may include how much will be paid as well as for how long the payments will be made. A couple may also choose to waive having an alimony clause in their prenuptial agreement.
  • Social media: With social media becoming such a big part of our everyday lives, more couples are electing to include social media clauses in their prenuptial agreement. These types of provisions may refer to what types of pictures may be posted on social media as well as what kinds of posts may be made. There may also be a provision for allowing to post certain content only with the consent of the other person.

There are many other provisions that you may wish to include in your prenuptial agreement. Some people choose to include provisions about who will care for a pet upon the couple’s separation. The primary terms of a prenuptial agreement, however, usually refer to the current and future financial plans for the couple. Addressing financial considerations and making financial disclosures upfront will set the tone for an open path of communication for the marriage.

Syracuse Family Law Attorneys

For all of your family law needs, the experienced family law attorneys at CDH Law, PLLC are here for you. Contact us today.

About the Author
David is a former military prosecutor and defense lawyer with over a decade of experience fighting for service members and their families. He served nine years and two combat tours as an active duty US Army officer, then joined the Reserves and settled down in Syracuse to be near family. Now representing people across Central New York charged with serious felonies, misdemeanors, DWIs, and traffic offenses, he puts the same level of commitment into his civilian law practice. If you have any questions regarding this article, you can contact David here.