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Are you happy with your prenuptial agreement?

Maybe you have a nagging feeling, a quiet, intuitive, little "no" arising every time you look at your unsigned prenuptial agreement. Too many people in New York enter into these agreements without the proper legal support and guidance, and sometimes a whole bowlful of emotional and financial pain comes when the marriage dissolves, even though a cupful should have been sufficient.

These days prenuptial agreements offer a practical solution for couples who think the state's built-in prenuptial agreement isn't quite right for their particular situation. We've written before about how each state has prenuptial and postnuptial terms built into state laws.

While a customized agreement can afford peace of mind, as well as allow couples to get on the same page in terms of individual assets and debts, it is nonetheless important to be sure that the agreement you are about to sign is really something you approve of. It may be a good idea to go over the document with your attorney one last time to make certain that everything is truly in order and that you feel good about the allocation of assets, present and future.

Feeling pressured to sign a prenup that isn't to your liking may lead to serious problems down the road, especially if the worst happens and the marriage doesn't work out. Proving that a spouse was coerced to sign a prenuptial agreement is a formidable task, requiring significant evidence, so you don't want to find yourself out in the rain, as it were, even if it becomes clear to you that your spouse was in the wrong.

The best course of action is to communicate well, both with your spouse and with your attorney. Ask questions; decide what aspects of the agreement need to be tweaked and which aspects will bolster the marriage and you as an individual. It may involve love and the most powerful emotions, but marriage is also a legal agreement that calls for legal planning.

Source: Huffington Post, "Sign This, Or Else! How Prenup Powerplays Prevail," Susan Pease Gadoua, May 22, 2013

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Contact Us For The Answers You Need Attorney Philip A. Greenberg represents clients in New York and New Jersey. To schedule a consultation with Mr. Greenberg, call 646-363-6807 or contact him by e-mail.

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