Though the law in the State of New York already covers what to do in case of divorce or the death of your partner, a postnuptial agreement prepares for these eventualities in a more comprehensive manner. In order for your postnuptial agreement to be held up in court, however, it is important to work with a Brooklyn postnuptial attorney to make sure that the contents of the agreement you make with your spouse fall within the letter of the law. Before meeting with an attorney, it might be useful to review the following overview of what a postnuptial agreement is, the power that this document holds in court, and the best way to get set up with a postnuptial agreement that effectively protects your interests.
Differences Between Prenuptial and Postnuptial Agreements
While not as well known, a postnuptial agreement essentially covers the same ground as a prenuptial agreement. The major difference is that a postnuptial agreement is made after the marriage has taken place, while a prenuptial agreement is decided upon before the marriage. Otherwise, the two types of agreements have basically the same effect and carry the same weight in court. When working out either a prenuptial or postnuptial agreement, it’s important that both you and your spouse meet with separate Brooklyn postnuptial lawyers.
Issues That a Postnuptial Agreement Addresses
Just like a prenuptial agreement, a postnuptial agreement basically stipulates rules for the care of assets and other marital interests that you or your spouse may want to handle in a different way than the law in New York dictates. In order to avoid fraud, the first step of arranging a postnuptial agreement is disclosing all of your assets to your partner. Your partner will then disclose all of their assets to you as well. It’s important that both of you have your attorneys present for this step of the process.
While a postnuptial agreement can essentially cover anything that you and your partner want it to, some of the most common items involved in a postnuptial agreement have to do with defining separate property versus marital property. If you have any personal property or assets like family homes or money you made before the marriage, it can make sense to protect these items in the postnuptial agreement.
Figuring out who will maintain any existing property and manage any family business interests is also a common point included in postnuptial agreements and many of these agreements also include stipulations on how each partner would like child custody to be handled in the event of divorce or the death of one of the partners. However, it will eventually be up to the court to decide on custody and the judge will only take the postnuptial agreement as a piece of evidence upon which he may or may not make his ultimate decision. Brooklyn postnuptial lawyers can help you determine what to include and what to leave out of your postnuptial agreement.
How to Arrange the Most Advantageous Postnuptial Agreement
While a postnuptial is essentially just a binding contract between two married partners, it is up the court to decide whether or not the agreement is valid. This won’t be an issue unless you or your partner end up bringing the agreement to court to uphold it, but at this point, a judge will start looking over the agreement very closely for any of the following issues. If you and your partner used the same attorney in drafting your postnuptial agreement, that’s a certain red flag. Also, if the judge finds that either you or your partner did not fully disclose your assets, if the agreement was made under duress, or if the agreement is significantly unfair to either partner, it’s unlikely that your postnuptial agreement will hold up in court.
When creating a contract like a postnuptial agreement that will greatly affect your future prospects, it’s absolutely essential that you have the best assistance and counsel available. Making a wrong move when agreeing to postnuptial terms can leave you in the lurch in the unfortunate circumstance of having to bring this agreement before the court. That’s why it’s critically important that you have a skilled Brooklyn postnuptial lawyer at your side every step of the way to help you avoid common pitfalls and get the best out of your postnuptial agreement. It’s impossible to know what will happen down the road, but a postnuptial attorney can help you protect your interests no matter what the circumstances.
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