Prenuptial agreements are an excellent way to protect yourself, your future spouse, and others when you make the huge decision to tie the knot with your significant other. Not only does it protect you, legally and financially, but it also gives plenty of peace of mind, knowing that you will be alright should the unthinkable happen.
Precisely because a prenuptial agreement is an agreement that has a serious and a long-term effect on so many people, there are certain formalities that need to be followed when it is created. One of these is the statute of frauds.
How the Statute of Frauds Impacts Prenuptial Agreements
Whenever there is a serious agreement between two people, the law requires that it be reduced to writing. By doing so, the law prevents the situation where one person claims that there has been a serious oral contract, and the other person is hard-put to find evidence that there is no such thing.
A contract that is serious enough to invoke the statute of frauds is one that will take more than a year to complete, or that involves a valuable piece of property or real estate, or that deals with a marriage. Therefore, because a prenuptial agreement is an agreement that deals with a marriage, it falls within the statute of frauds and has to be put down in writing.
Satisfying the Statute of Frauds in New York
In New York, your prenuptial agreement has to satisfy the statute of frauds’ demands and formalities. You can do this by including both your name and your spouse’s name on the prenuptial agreement, including the terms of the agreement, and by both signing the agreement.
If any of these formalities is not done, then the prenuptial agreement will be considered void, and divorce courts will not recognize it as a legally binding agreement.
Reach Out to Our Divorce Attorneys in Syracuse
The divorce attorneys at the Bombardo Law Office P.C. have represented numerous couples looking to strengthen their marriage using prenuptial agreements in the Syracuse, New York area. Our knowledge of family and divorce law have helped us understand the best ways to formalize a prenuptial agreement and ensure that it will be taken seriously when it is most needed.
If you are interested in creating a prenuptial agreement before your marriage, or just want to explore your options, contact the Bombardo Law Office P.C. online or at (315) 488-5544.