New York Pre-Nuptial and Post-Nuptial Agreement Lawyers
Pre-Nuptial Agreements and How They Help You
- 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
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 in New York City
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 New York Pre and Post-Nuptial Agreement Attorney 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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