Postnuptial Agreements

New York Postnuptial Agreement Attorney

If you and your future spouse are getting ready to tie the knot in a New York City wedding and are keeping your finances separate, then you may have a postnuptial agreement. A prenup may be an agreement made regarding a couple’s property and assets and can be drawn up by either attorney.

Marriage is a big and exciting step in any couple’s life. The wedding day is a special event in which people spend a lot of time and money preparing for. As such, people may be interested in learning more about postnuptial agreements and what they do.

A postnuptial agreement is an agreement that can be drawn up by either attorney and can be useful because it can protect assets and property. While they can be useful, they can also be harmful if they are drawn up in a poor way. It is important to have the right partner to help you make this agreement!

A reputable East Islip postnuptial agreement attorney may go through the specific advantages of the procedure in light of applicable state law and rules. Donato Law’s divorce and postnuptial agreements attorneys can assist you in executing a postnuptial agreement in order to prevent a future legal battle in court.

Call us at 631-920-3848 right now if you need legal assistance with your postnuptial agreement.

What is a postnuptial agreement?

A postnuptial agreement is a type of marriage contract that is signed after the couple has tied the knot. It differs from a prenuptial agreement, which is one that is signed before a couple is married and is legally binding. It is possible that the written agreement will address issues that would arise in the event of a divorce, including property partition, child custody and visitation arrangements, child support, and spousal maintenance.

Who needs a postnuptial agreement?

Prenuptial agreements can be structured to meet the specific needs of a couple. Postnuptial agreements are not just for the rich and famous anymore. If a single parent intends to remarry, a postnuptial contract may be necessary to secure a child’s inheritance or personal funds, as an example. Furthermore, a wealthy individual may seek to draft a contract in order to protect his or her fortune or for tax planning concerns. Whatever the circumstances, a postnuptial agreement can help to preserve an individual’s assets and make the process of dividing assets easier in the event of a divorce.

In rare cases, a spouse may wish to maintain a family home or some premarital business assets separate from the other spouse’s assets. In the absence of a postnuptial agreement, the court determines how property will be divided in accordance with state law in the event of either spouse’s death or divorce. A postnuptial agreement allows couples to maintain control over their assets and debts while determining how such should be divided in accordance with their individual requirements.

How does a postnuptial agreement help me in a divorce situation?

Financial conditions, responsibilities, and connections shift with time, and it may be necessary to establish a postnuptial agreement in order to protect one’s assets and relationships. Here are a few illustrations:

One spouse gives up their career to spend more time with their children, and they want to ensure that their financial interests are safeguarded in the event of a separation or divorce.
A couple decides to start a business and wants to understand the distinctions between business assets, marital assets, and separate assets.
A big inheritance is received by one of the spouses. In most cases, a court would grant the inheritance to the surviving spouse in the event of a divorce. In some cases, it may be desirable to distribute the inheritance in a manner different from how it would be given under New York law.
- Make it clear what property is being passed down as part of the inheritance so that it does not become mixed up with marital assets.
One of the spouses accrued large debt before the marriage, and the other spouse wishes to make it clear that they are not liable for it.
Because of adultery, there has been a breakdown of trust in the partnership.

What Documents Are Required to Create a Legal Postnuptial Agreement?

Postnuptial agreements must, as a bare minimum, comply with the following fundamental elements in order to be legitimate and enforceable:

Postnuptial agreements must be in writing – Oral postnuptial agreements will not be considered legitimate. Postnuptial agreements must be in writing in order to be valid.
Voluntary – A postnuptial agreement must have been signed voluntarily and intentionally by both spouses to be considered valid and binding. The signing of a postnuptial agreement is null and unlawful if there is any indication that one spouse pressured or threatened the other into signing it.
Postnuptial agreements that are lawful and enforceable must have a provision that requires complete and fair disclosure. – As part of the agreement, each party is required to give a full and fair disclosure to the other of his or her assets, liabilities, and income at the time of entry into the agreement. This is an important issue to understand since postnuptial agreements are intended to spell out how assets, liabilities, and support would be handled if the marriage were to terminate in divorce or separation. If the information on which one party relied was inaccurate or incomplete, the agreement will not be enforceable against that party.
Postnuptial agreements must be reasonable – They must not be unconscionable. In the context of the facts and circumstances of the case, a postnuptial agreement that is plainly one-sided or otherwise grossly unjust toward one party will not be enforced.

Postnuptial agreements must be validly executed in order to be recognized by the courts of the spouses’ respective states of residence. In order for a postnuptial agreement to be legal, both parties’ signatures must be notarized, according to standard practice. The parties’ signatures must be witnessed in some states, for example, and other state laws may impose extra requirements as well.