A prenuptial agreement isn’t worth the paper it’s written on if it can’t be enforced. You need to make sure the terms of your agreement can be backed by a judge if you get a divorce. Take a look at some things that can strengthen your New Your prenup below.

Both Parties Must Declare Their Finances

Full financial disclosure is required for a prenuptial agreement to be considered valid. This means you’ve told each other how much money you earn and what kind of assets you own without hiding anything.

If either of you didn’t divulge your finances in their entirety, your prenuptial agreement will be void and unenforceable.

Both Parties Need To Have Plenty Of Time To Review The Agreement

Make sure there’s enough time before the wedding to go over the prenup. If you sign the agreement too quickly, a judge might say it was coerced.

Instead, start working on the contract two to four weeks before the wedding and give each party the opportunity to look at it with their respective lawyer.

Should You Add A Severability Clause To Your Prenup?

An important consideration is whether you should include a severability clause. This protects the terms of your agreement if one of them is breached. When this happens with a severability clause, the unaffected terms remain intact. Without this clause, your entire prenup is considered void once a single term is broken by either party.

Choose Different New York Divorce Attorneys

It’s also necessary for you and your spouse to each have separate attorneys you can work with as you negotiate the terms of your prenuptial agreement. Having the same family lawyer is a conflict of interest and puts you at risk of having your entire contract nullified.

You probably wouldn’t be able to find a lawyer who would agree to do it, but if you did, you would essentially be paying a lot of money for a piece of paper. No judge will enforce the terms if you get a divorce.

How A Qualified Divorce Lawyer Can Help You 

At the Law Offices of Mary Katherine Brown, we can help you create an enforceable prenup that offers you reliable protection no matter what happens in the future. Contact Attorney Brown today for a consultation to discuss your legal needs by calling (718) 878-6886.