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Why couples should meet with divorce attorneys before marrying

On Behalf of | Jan 18, 2021 | Blog, Divorce

Couples headed for matrimony likely look forward to a lifetime with their spouses, so why should they meet with a divorce attorney before getting married? Setting up such a meeting could make sense as a preparatory measure. Many marriages in New York end in divorce, so meeting with an attorney may allow one or both parties to take precautionary measures.

Sobering information about marriage and divorce

Hundreds of thousands of marriages end in divorce each year in the United States. The specter of so many failed marriages may weigh on someone’s mind, especially if that person was previously married. A second or third marriage could end in divorce, leading some to enter a new marriage with a different perspective.

A divorce may result in the courts deciding an appropriate distribution of assets. The outcome could be different when the couples agree to a prenuptial agreement. Signing a prenuptial agreement may involve meeting with a lawyer before marriage. That said, a postnuptial agreement remains a possible option for those who are already married. Collaborating on a prenuptial or postnuptial agreement may work in the best interests of both parties.

Understanding the law in the state

New York state law defines “marital property,” and couples entering into marriage may not understand how the law works. A divorce attorney could explain the law related to assets that married couples own jointly or separately.

Things may change upon leaving the state. An attorney may point out the differences between community property and equitable distribution states. A better understanding of such issues could guide the decisions a person makes regarding a current prenuptial agreement and future financial ones.

Meeting with an attorney before getting married could assist a couple with crafting a collaborative divorce prenuptial agreement. The meeting may also serve as an informational one about the law and marital assets.