Buffalo, New York
A postnuptial agreement is similar in content to a prenuptial agreement, with the only difference between the two being that a postnuptial agreement is signed any time after a couple is married, and a prenuptial agreement is entered into before the “I do’s” are said. Commonly, decisions regarding property distribution, child custody and visitation, child support, and spousal maintenance are among the topics addressed in these types of marital agreements.
With your future finances and welfare at stake, having an experienced attorney who can draft an iron-clad postnuptial agreement can help your future distributions and make sure things go smoothly.
Many engaged couples who would benefit from a prenuptial agreement hesitate to discuss the matter, but they may decide to re-examine their position after the honeymoon. On the other hand, a couple who has already entered into a prenuptial agreement may decide to cancel or amend the document once they are married. In both cases, a postnuptial agreement can be entered into to set arrangements regarding child support and custody, spousal maintenance, distribution of marital property, and more.
Another reason a married couple could sign a postnuptial agreement is if they are thinking about divorce or legal separation and want to make the process go more smoothly while minimizing legal expenses. Although the court is not bound by these clauses, a postnuptial agreement might be integrated into the divorce decision by addressing spousal maintenance and property partition.
Regardless of your reasoning for seeking a postnuptial agreement, having an experienced postnuptial agreement attorney in Buffalo on your side can ensure that all your needs are being met and that your legal rights are being upheld. We assist individuals throughout Erie County, including Buffalo, Amherst, West Seneca, Lancaster, Orchard Park, Grand Island, and more. With many years’ worth of collective family law experience throughout our firm, Tully Rinckey brings both the dedication and experience needed to uphold your current and future needs.
While many are aware of the concept of a prenuptial agreement (prenup), the concept of a postnuptial agreement is less well known. A postnuptial agreement is like a prenuptial agreement, with the exception that it is signed after the couple has married rather than before. The written agreement might cover topics that would come up in a divorce, such as distribution of property, child custody and visitation, and financial matters like child support and spousal maintenance. Working out such arrangements early in a marriage can help avoid future conflicts, and many couples sign a postnuptial agreement to avoid divorce.
For postnuptial agreements to be deemed legitimate and enforceable under Domestic Relations Law 236(B)(3), they must be in writing, signed by both parties, and documented. Additionally, courts have ruled that both parties to the agreement must provide a complete and accurate financial disclosure prior to signing a postnuptial agreement for it to be legally binding.
In a postnuptial agreement, a range of concerns might be handled and resolved. There is no standard list of items included in a postnuptial agreement; what the couple chooses to include in the agreement is entirely up to them. The following are some examples of common topics included in postnuptial agreements:
It is important to note that in the case of a divorce, issues related to child custody, visitation, and support will ultimately be decided by the court. This does not mean that they will not take any prior agreements into account, but that in certain cases, there could be some changes that invalidate previously agreed-upon terms.
If you want to use a postnuptial agreement to clear up your marital financial situation, you should speak with a knowledgeable family lawyer about your concerns today. Our divorce attorneys routinely assist families throughout Buffalo and the surrounding areas in Erie County.
To schedule an initial consultation with a member from our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com
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