New York Postnuptial Agreements Lawyer
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Not much different than a prenuptial agreement, the postnuptial agreement is a binding document in the eyes of New York laws. Designed to protect one or more parties in a marriage, postnuptial agreements have increased in popularity in the past few years. With couples looking to protect their assets in case of a divorce, separation, or death, it’s designed to allow clear parameters without question. The only difference is you sign a postnuptial agreement after the wedding rather than before.
New York law dictates how marital assets are divided in the event your marriage ends, but the courts are taking into consideration what it is being asked for in a postnuptial agreement when a couple provides one. It’s handy because both parties are able to come to an agreement as to the separation and division of assets, debts, businesses, and other property while on good terms, and it’s one way to save couples turmoil and anger when dividing assets post-separation.
Who Needs A Postnuptial Agreement?
It’s not for everyone. Just as many couples don’t sign prenuptial agreements, not all couples in New York will find they want to sign a postnuptial agreement. If one person has an inheritance to protect, if one owns a business with other people who want their business protected, and anyone else who wants control over the division of assets and debts can and should file a postnuptial agreement.
It’s recognized in the eyes of New York law only when it’s validity can be proven, which is why hiring an attorney to handle postnuptial agreements is imperative. It must be a valid document with the signatures of both parties, and the paperwork cannot be considered valid if one or both parties were dishonest regarding their personal assets when drawing up the document.
What Does A Postnuptial Agreement Protect?
One of the most beneficial reasons to sign a postnuptial agreement is to define separate properties. If you brought property of your own into the marriage, you might decide to protect it as well as your spouse’s personal property.
– Homes/property owned prior to a marriage
– Martial property
– Maintenance – specifically when one parent no longer works in favor of raising the kids
– Pre-marital debts
– Child support
– Child custody
– Child visitation
– Alimony and other cash payments
The essence of a postnuptial agreement is not to foreshadow an impending divorce. It’s merely a document couples sign to protect themselves, their businesses, and even their kids in the event the worst happens. When this agreement is created during marriage, couples are more generous and fair. They’re more willing to make the correct and fair decisions, and it can help speed up the process of divorce if it ever comes to that.
Filing a postnuptial agreement is easy when you call an attorney who specializes in this kind of paperwork. An attorney knows what must be covered, what must be addressed, and how you can determine who gets what and when. It’s an easy way to help you figure out how to protect both parties and any current or future children you have. This legally binding document can save you a lot of future turmoil in a difficult situation.