New York
Pre-Nuptial and
Post-Nuptial Agreement

New York Pre-Nuptial and Post-Nuptial Agreement Lawyers

NYC Pre-Nuptial and Post-Nuptial Agreement Attorneys Ready to Assist You

Appropriately drafted with help from an experienced lawyer, pre-nuptial agreements and post-nuptial agreements can help define and preserve the rights and investments of both parties in a marriage. No couple wants to consider the possibility of divorce. Many people may be hesitant to bring up these agreements with a significant other because of the negative stigma associated with them. However, while they may not be necessary for everyone, they can be exceptionally valuable for many couples in the event of a separation.

Entering into pre-nuptial or post-nuptial agreements can be a practical, relatively simple means of preventing any future arguments and ensure your marriage remains transparent, secure, and conflict-free. Whichever type you are considering, it is essential to work with a lawyer to create an agreement that is beneficial to both parties and sufficiently detailed enough to avoid ambiguity. This is especially important when children are involved, as child custody and child support claims can be incredibly complicated and stressful without proper preparation.

Our team at Tsigler Law has decades of experience handling pre-nuptial and post-nuptial agreements for hundreds of couples. Consider the following information to learn more about these agreements, then contact us to help us develop the right agreement for you.

Pre-Nuptial Agreements and How They Help You

A pre-nuptial agreement, also referred to as a “prenup,” is a written contract that you enter into with your future spouse before marriage. You both fully and fairly disclose the wealth and property you own as individuals, then determine particular rights and obligations you plan to accept during the marriage. In the event of separation by death or divorce, a pre-nuptial agreement places control of the division of wealth and property firmly in your hands, rather than leaving it to the decision of the state.

It addresses a wide variety of financial concerns, ranging from daily spending strategies to long-term savings investments and retirement goals. This includes how wealth and property acquired before or during marriage will be divided in the event of a divorce or the death of either of or both of you, as well as how any remaining debt will be settled. Couples may also wish to include clauses specific to their own unique situation, such as inheritances or ownership of a business.

A pre-nuptial agreement can assist you in the following ways:

  • Clarify expectations, leading to a more direct and amicable marriage
  • Establish maintenance expenses during marriage – if one spouse earns significantly more than the other or one spouse has foregone a career to take care of children
  • Safeguard your estate and assets, including stocks or retirement funds
  • Define individual and marital property – property you obtained on your own before the marriage is kept distinct from property you obtained with your spouse during the marriage and is considered yours and yours alone both throughout and after the marriage
  • Keep individually incurred debts separate – if one spouse brings substantial debt into the marriage, the agreement can ensure the debt remains with that spouse
  • Help you avoid expensive disagreements in court in case of divorce
  • Designate potential spousal support payments
  • Protect children from previous relationships – if you brought children into the marriage from previous relationships and your spouse does not choose to adopt them, the agreement can make sure the interests of the children are confirmed and will be appropriately provided for

When created the right way, a quality pre-nuptial agreement protects the interests of both parties and prevents either of them from feeling taken advantage of. It should not feel like a win or loss for either spouse, but a reasonable compromise considering both individuals’ present and future circumstances and adequately prioritizing their concerns.

Post-Nuptial Agreements and How They Help You

A post-nuptial agreement, also referred to as a “postnup,” is a written contract that you enter into with your spouse after marriage. It performs several of the same functions as a pre-nuptial agreement, only it is established later. Just like a pre-nuptial agreement, a post-nuptial agreement is legally valid and enforceable as long as it serves to protect the rights and interests of both spouses and was entered into with both parties fully and fairly disclosing all wealth and property.

The following circumstances may prompt a couple to seek a post-nuptial agreement:

  • Change in career
  • Purchase or creation of a business
  • Significant alteration of financial status
  • Receiving a sizable inheritance
  • Formalize a monetary commitment after marital misconduct
  • You previously filed for divorce and have since reconciled

 

Post-nuptial agreements benefit you by forming an enforceable agreement regarding financial responsibilities both during and after marriage. Such an agreement compels you to be honest with one another and provides a sense of certainty about your relationship’s future. It also prevents you from spending the time, energy, and expensive legal fees necessary to litigate the financial aspects of a divorce.

Compared to a pre-nuptial agreement, a post-nuptial agreement has the advantage of being created after some time spent in a successful marriage. This encourages a great deal more insight and trust in the negotiation than would have been present before the marriage, likely increasing its effectiveness as well as the sense of security it provides.

Requirements for Pre-Nuptial and Post-Nuptial Agreements

Pre-nuptial and post-nuptial agreements incorporate the same set of requirements:

  • The agreement must be in writing and signed in person by both parties
  • It must be signed and notarized by a notary to provide proof of identity and demonstrate you are signing the agreement of your own free will, not under duress
  • Both parties must offer full financial disclosure
  • Each spouse must have a separate attorney to represent them
  • Neither spouse may be coerced or deceived into signing
  • There must be no fraud involved, such as refusing to disclose assets or hiding them
  • The agreement must be considered fair and equitable

 

In New York state, there is no specific timeline for the preparation and enactment of pre-nuptial agreements. However, preparing the agreement early is wise. Consider doing this at least two months prior to the wedding. This is much better than waiting until later and will alleviate pressure on you both. After this task, you will be able to focus on enjoying your engagement and planning your wedding and honeymoon.

Hire a Legal Representative from Tsigler Law Today

Whether you are considering a pre-nuptial or a post-nuptial agreement, Tsigler Law can help you define and secure the rights and investments of both parties in your marriage. With our knowledge, skills, and resources, we help our clients build a legal foundation for future security and prosperity. We pride ourselves on our team’s decades of experience and a lengthy record of handled claims and satisfied customers. Contact us today at 718-878-3781 to discuss how we can help you develop a pre-nuptial or post-nuptial agreement to strengthen and safeguard your marriage.

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