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A postnuptial agreement is a contract signed after the couple has been married. It differs from a prenuptial agreement, which is signed before the couple gets married. Property distribution, child custody and visitation, child support, and spousal maintenance are among topics that may be addressed in the written agreement if the couple divorces.
With your future finance 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.
While the idea of giving your fiancé a prenuptial agreement before the wedding may seem counterintuitive to the idea of a lifetime commitment, couples who may benefit from one are inclined to avoid the topic. However, one or both individuals may decide to re-examine such agreements after the honeymoon. A couple that has signed a prenuptial agreement may also elect to cancel it after marriage and agree to new conditions through a postnuptial agreement.
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 obligated 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 Manhattan postnuptial agreement attorney on your side can ensure that all your needs are being met and that your legal rights are being upheld. We assist individuals throughout the New York City metropolitan area, including the lower Hudson Valley, the five boroughs—Bronx, Brooklyn, Manhattan, Queens, Staten Island, and Long Island. 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 most of us are aware of the concept of a prenuptial agreement, the concept of a postnuptial agreement is less well-known. A postnuptial agreement is similar to 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 property separation, child custody and visitation, and other financial matters like child support and spousal maintenance. The reason is to work out such difficulties early on in the marriage to avoid future conflicts. Indeed, a postnuptial agreement is frequently signed in order to avoid divorce.
The state of New York considers postnuptial agreements as legitimate and enforceable under Domestic Relations Law 236(B)(3) if they are in writing, signed by both parties, and documented. In addition, courts have ruled that both parties must provide a complete financial disclosure before signing a postnuptial agreement in order for it to be legal.
In a postnuptial agreement, a range of concerns might be handled and resolved. 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, however, 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 priorly 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 the New York City metropolitan area, both counties in Long Island—Nassau and Suffolk., the five boroughs, and the lower Hudson Valley.
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