In Manhattan, spouses ending their marriage can file for divorce. State divorce laws decide how property division, child custody, marital debts and alimony. This can make it stressful for many spouses who want a divorce, but want to control how decisions are made. Some individuals who intend to marry decide to make a legal contract prior to marriage called a prenuptial agreement.
A prenuptial agreement is a legal document between two people intending to marry. The agreement generally outlines what will happen if one spouse dies or they divorce.
If spouses are already married and want to make decisions about how debts, marital property and other divorce-related topics are decided, they can make a contract called a postnuptial agreement.
Postnuptial Agreements are Valid and Enforceable According to New York’s Domestic Relations 50 Statute
A postnuptial agreement is basically the same as a prenuptial agreement. However, it is just for married couples. In the agreement, each spouse discloses alL the property and money they currently own. This disclosure includes both marital and separate property.
The agreement also outlines responsibilities each spouse must follow if they divorce.
Although New York law determines how divorce topics are settled when the marriage ends, a valid postnuptial agreement is beneficial. Manhattan divorce judges will recognize the decisions made in postnuptial agreements even if they differ from state law. It is important to stress that a postnuptial agreement must be valid in order for a Manhattan divorce judge to recognize it.
What is a Valid Postnuptial Agreement?
A valid postnuptial agreement is a legally binding document enforceable by law. This means that it cannot be challenged in court because it was created according to state laws. Many things can make a postnuptial agreement invalid, or not legal. For instance, if a spouse does not disclose the money and property they have during the postnuptial negotiations. If one or both spouses fail to tell what property or money they have, then it is considered fraud. Other things that will invalidate a postnuptial agreement such as:
.Having the same attorneys: Each spouse must have separate attorneys representing them during the postnuptial negotiations by law. If one attorney represents both spouses, the agreement is invalid.
.Duress or coercion: A spouse cannot be pressured into getting a postnuptial agreement. They cannot be forced to sign one either. If the agreement is not made in good faith and by the will of both parties, they document is not enforceable.
.Inequitable agreement: A prenuptial agreement cannot favor one spouse over another. This is considered an unfair agreement because it is too one-sided. For instance, one spouse cannot leave their spouse with nothing if they get a divorce. The court will not enforce the agreement.
The Subject Matter of a Prenuptial Agreement Settles any Issues that May Arise During a Divorce
A postnuptial defines who receives what in the event of a divorce or death of a spouse. The latter is important in postnuptial agreement because spouses may be in their second or subsequent marriage. They have children and want to leave property that their new spouse may receive to their children from a prior marriage instead.
The subject matter of a postnuptial agreement is includes the following:
.Separate property: Separate property is any asset, money or property owned solely by one spouse. Typically separate property is acquired prior to marriage. This property cannot be touched during a divorce.
.Marital property: Marital property is any money, asset or property owned jointly by both spouses. This type of property is owned by both spouses and will be divided during a divorce. Spouses can make separate property marital property in this agreement.
.Alimony: Alimony is paid from one spouse to their ex-spouse. The monthly payments are paid until the payer dies or the ex-spouse remarries.
Establish prior debts: The spouses can decide which debts are considered marital debts and which are considered separate and the sole responsibility of one spouse.
.Money for child from a prior marriage: Sometimes spouses may enter a marriage with children. The spouse who is not the biological parent may decide to provide financial support for the children if there is a divorce.
Contact a Manhattan Postnuptial Attorney for Help with Your Postnuptial Agreement
Many spouses seek a postnuptial agreement after a personal event like an affair. Regardless of the reason you are seeking a postnuptial agreement, you need separate legal representation. Contact us to represent you.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
85 Broad Street, 30th Floor
New York, NY 10005
35-37 36th St,
Astoria, NY 11106
195 Montague St.
Brooklyn, NY 11201