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nassau county postnuptial lawyers

If you need a postnuptial agreement drawn up or you’re going through a divorce and want to make sure that your existing postnuptial agreement is honored, Spodek Law Group can help. We have experienced postnuptial attorneys who know the ins and outs of these agreements.

What Is a Postnuptial Agreement?

You’ve probably heard of the term “prenup,” short for prenuptial agreement, which is a contract you and your significant other sign before marriage to arrange what will happen in the event of a divorce. This includes how you’ll divide property, what separate property each of you had and who will keep it, and if there will be any spousal support.

Far too many people avoid getting a prenuptial agreement because they’re worried about hurt feelings and they believe their marriages will last regardless. The reality is that a prenuptial agreement protects you if you get divorced, and it doesn’t come into play if you stay married. There’s no drawback to getting a prenuptial agreement, but not getting one could cost you.

If you didn’t get a prenuptial agreement, you still have the option of a postnuptial agreement, which is the same thing only it’s drawn up after the marriage instead of before it. Spodek Law Group can help you set up your postnuptial agreement and ensure that there aren’t any issues that could invalidate it.

Why Do You Need an Attorney for a Postnuptial Agreement?

Laws related to postnuptial agreements are complicated, and any mistakes in the agreement could invalidate it. At that point, any time and money you spent on the postnuptial agreement is wasted. Even worse, you could lose property or end up with an unfavorable divorce due to a court ruling.

New York has a few key requirements when it comes to postnuptial arrangements.

Fair for Both Parties

The primary factor that divorce courts will consider when it comes to a postnuptial agreement is whether it’s fair for you and your spouse. The court can throw out the postnuptial agreement when it makes its ruling if it feels the agreement leaves one of you at a significant disadvantage.

An important legal concept that comes into play with postnuptial agreements in New York is consideration. This means that when one party gains something, it also must give something up in return. Here’s a simple example – if you and your spouse own two houses, both of you would need to choose one for purposes of consideration. If a postnuptial agreement stipulates that you get both houses, the court may decide that’s not fair to your partner, unless you owned both those houses before the marriage and didn’t put your partner’s name on the title for either.

Don’t assume that because you had property or assets before you got married that you’ll keep them in a divorce. While this is how divorce is supposed to work, many people have lost property because they didn’t protect it with a prenuptial or postnuptial agreement. Get it in writing so you have a record of what was yours.

It’s best if you and your spouse hire independent attorneys to handle the postnuptial agreement, because this ensures that each of you has an attorney looking out for your own interests.

Disclosure of Assets

Part of the postnuptial agreement process involves you and your spouse disclosing all your assets, including potential assets you’ll have in the future. For example, if you may inherit money or property from a parent in the future, you need to disclose that.

Without full disclosure, a court may choose to ignore your postnuptial agreement, regardless of whether you made an honest mistake and forgot or if you were fraudulently trying to conceal your assets. A postnuptial attorney from Spodek Law Group will help you record all your current and future assets so you don’t miss anything.

The Signature Process

Even a minor error when you or your spouse signs the postnuptial agreement could render it invalid. You’ll be far safer if you have an attorney to verify that everything is signed correctly instead of trying to do it yourself.

Since a postnuptial agreement is a legal agreement, you and your spouse must sign voluntarily. If one party proves that they signed it under coercion, a divorce court won’t honor it. Having attorneys there during the signature process helps prevent this.

Make Sure Your Postnuptial Agreement Is Valid

Don’t go through the effort of drawing up a postnuptial agreement only to have a court throw it out when you need it most. Consulting with a postnuptial attorney is a wise choice, and the attorneys here at Spodek Law Group have years of experience. Contact us today to handle your postnuptial agreement.

 

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Charle Butler
Charle Butler
2021-03-12
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I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
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debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
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2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
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Mike Moroff
2021-02-26
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I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
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Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
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I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
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I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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