queens postnuptial lawyers
Last Updated on
When a couple divorces, state law may determine how property is divided and how child custody issues may be resolved. However, there are ways in which individuals can exercise a higher degree of control over what happens in the event that they go through a divorce. Ideally, a couple will discuss a prenuptial agreement, but if one is not created, it may be possible to craft a postnuptial agreement to resolve a divorce proceeding in a timely manner. One of our Queens County divorce attorneys can help create one.
What Is a Postnuptial Agreement?
A postnuptial agreement is similar to a prenuptial agreement in the sense that it determines what happens to property and may also determine if either person gets spousal support. If a couple has children, it can also be used to determine child custody issues as well as determine how much support may be given to the custodial parent.
Postnuptial Agreements Can Be Broad or Specific
In some cases, a couple is only able to agree on specific issues such as how property is divided or if either party to the marriage is eligible for spousal support. However, other issues that the couple cannot agree on by themselves or with the help of a mediator may still need to be decided in court. Even if a postnuptial agreement only applies to one or two outstanding issues, it may still be an effective way to settle a divorce faster as well as to keep legal costs down.
How Do You Create a Valid Agreement?
It is important that a postnuptial agreement is reviewed by an attorney before it is signed by both parties to the marriage. It is also important that both sides have ample time to review and make changes to the document before signing it. If there are signs that one party was forced to accept the agreement against his or her will, it could be voided by a judge. It may also be voided by a judge if the terms don’t conform to state law or don’t come close enough to guidelines established by law.
Is a Postnuptial Agreement Legally Binding?
Not all states accept the legality of a postnuptial agreement. This may be important if you have property in multiple states that needs to be covered under such an agreement. However, most judges are loathe to overturn an agreement that both sides accepted assuming that they are of sound mind and of legal age when entering into it. Therefore, from a practical standpoint, such an agreement may be considered legally binding unless a judge says otherwise.
How Far In Advance Should This Document Be Created?
When creating a prenuptial agreement, legal experts believe that you should write it at least six months before the marriage. When it comes to a postnuptial agreement, you should write it as soon as you think that there is a need for it. In some cases, this may be days or weeks after the marriage becomes official. For others, it may be necessary to create it years into the marriage or just prior to starting the divorce process.
How Much Does it Cost to Create a Postnuptial Agreement?
The cost to create such an agreement depends on several variables. First, you have to determine whether you will create it on your own or with the help of an attorney. You should also consider whether you will get it notarized as this may increase the cost of creating and finalizing your agreement.
How Can an Attorney Help Create a Postnuptial Agreement?
An attorney may be helpful in creating a postnuptial agreement in a variety of ways. First, he or she may be able to craft an agreement that meets the specific needs of the individual. For instance, those who wish to retain ownership of their business may have a document written that reflects that desire.
An attorney may also be able to negotiate on behalf of an individual when it comes to creating an agreement that both parties to the marriage will be able to live with. For instance, an attorney may propose that his or her client retains ownership of a business in exchange for larger spousal support payments.
Finally, legal counsel may be able to help review any agreement that has already been created. This is important because such an agreement may not be valid even if both sides agree to it. An attorney will make sure that it is your best interests to sign the agreement and that it would be considered legally binding by a court.
A postnuptial agreement may be ideal for those who wish to preserve property rights or have more say over their divorce settlement. In most cases, it takes less time and costs less money to create a postnuptial agreement compared to a formal divorce settlement. Furthermore, it may allow both sides to end the relationship in a mature and amicable fashion.