Considering marriage when you are already a parent means that you should think about yourself and your children. If your future husband isn't planning to adopt your children, you should consider a prenuptial agreement to help keep your children protected if something happens to you. In New York, there are some specific points to consider when creating one of these agreements.
1. Protect your assets
Prenups protect your assets. As part of the agreement, you should include a definition of what constitutes separate property. Even though the state has laws about the classification of property, including definitions that show your intentions regarding the property is advisable. Make sure that you keep the separate property fully separate from marital assets. Learning about how to do this requires a look into the specific circumstances of your case.
2. Include inheritances
Include inheritances in the prenuptial agreement if you know that you are going to have one coming. You should include the inheritance in the prenuptial agreement, even if the state laws already dictate its handling. This protects you in case the law changes or if there is any question about the intent of the inheritance. It means that sentimental items won't be pulled from your family in the event of a divorce. You should keep anything from the inheritance separate from marital property just like you would do for other assets.
3. Divide debts
Some people come into a marriage with debts. You can include debts in the prenuptial agreement so that if something happens, you aren't responsible for the debts your ex amassed before you got married. This also helps to protect your children since you won't have to cover those debts.
4. Provide for the children
You can include information about support for your children. You don't need to have to worry about how you are going to pay for things your children need if you end up divorced. Including information about support for your children and even information about alimony gives you the financial security of knowing exactly what will happen.
5. Execute the agreement properly
You must execute the prenuptial agreement properly or the court might invalidate the prenup. Generally, you and the person you are marrying must each have your own attorney. Having the same attorney for both parties isn't illegal, however, it will usually make the court look more closely at the terms. You must ensure that there isn't anything in the prenuptial agreement that would make it seem unfair or illegal. It must be truthful and include anything you and your future spouse agreed upon in a clear and concise manner.