NYC Postnuptial Lawyers

As you navigate the waters of marriage, it’s important to consider all aspects of your union – including the possibility of unexpected changes in the future. That’s where postnuptial agreements come in.

Postnuptial agreements may not receive the same attention as prenuptial agreements, but they serve the same purpose. A postnuptial agreement is a binding legal document that you enter into after you’re already married, unlike a prenup which is handled prior to your wedding day. The primary purpose of a postnuptial agreement is long-term financial planning, providing protection for both partners in case something unexpected happens in the future.

So why would you want a postnuptial agreement? It’s important to understand that a postnuptial agreement doesn’t mean that your marriage is struggling or in any way reflect on the happiness of your union. Instead, it’s all about protecting your financial future. For example, a wife who chooses to leave her career to stay home with her children may want to know that she’s protected in case her husband decides to leave her or mistreat her, causing her to leave. It’s also recommended if you and your spouse decide to start a business, or if your spouse dies unexpectedly. A postnuptial agreement is a tool meant to aid in financial planning, and it’s not a bad thing to have.

To ensure that your postnuptial agreement is legally binding, it’s crucial that you hire an attorney – or even better, two attorneys. Both you and your spouse should have your own legal representation to handle your postnuptial agreement. This ensures that your rights are being upheld, and that you’re not being taken advantage of. An attorney can help you draft an agreement that protects both parties in case of divorce or even death.

It’s also important to note that in New York, a postnuptial agreement is not considered valid unless it’s in writing. Verbal contracts are not legally binding and will not be upheld in court. And both parties must sign the agreement together, with a neutral third party, such as a notary public, signing as well to ensure that you were of sound mind when you agreed to the terms.

An attorney can also help you with provisions such as the agreement becoming null if one party cheats, or if the children are grown by the time a divorce occurs. These are often tricky financial situations for couples, which is why an attorney can help ease the stress of creating this type of document and ensure that it’s legally binding and fair for both parties. Now is the time to take the important step of hiring an attorney to help you draft an agreeable postnuptial agreement that protects you and your loved ones for years to come.

NYC Postnuptial Lawyers

As you prepare to take the next step in your relationship and tie the knot, it’s important to consider all aspects of your union – including the possibility of divorce. That’s where prenuptial and postnuptial agreements come in.

A prenuptial agreement is a legally-binding contract that a couple enters into before their marriage, outlining how they will divide assets and debts in the event of a divorce. But did you know that a postnuptial agreement is just as effective, and can be entered into even when the couple is happy, rather than just when a divorce is pending? If you’re contemplating contacting a New York City postnuptial lawyer to explore your legal options and see if this type of agreement would be beneficial for you, it’s important to understand what a postnuptial agreement is and what it entails.

One of the main reasons couples sign postnuptial agreements is because they didn’t have the foresight to sign a prenuptial agreement before getting married. However, postnuptial agreements can also be entered into when a couple’s financial situation changes dramatically after marriage, or for a variety of other reasons. These agreements are typically signed when a couple is happy and can come to an agreement on important matters, such as property and debt division in the event of a divorce.

It’s important to keep in mind that a valid postnuptial agreement recognized by a court will have several key traits, including that it is written, both parties enter into it voluntarily, and that both parties were legally represented by their own lawyer before signing. The agreement should also include a full disclosure of each person’s assets and debts at the time of signing, as well as the couple’s marital assets and debt. Furthermore, the agreement should be fair to both parties and properly executed, such as being notarized.

While postnuptial agreements can provide direction for the division of assets and debts, and even discuss child custody arrangements and alimony payments, there are situations where they may not be advisable. For example, if there is a significant disparity in income levels between both spouses, or if one party may have a valid reason to claim they were coerced into signing the agreement.

Ultimately, if you’re considering signing a postnuptial agreement, it’s crucial to understand all the details and potential implications before moving forward. Consulting with a New York City postnuptial lawyer can provide valuable insight and guidance to ensure that your agreement is valid and fair for both parties.

Not every couple finds the need to introduce a prenuptial agreement into their marital planning. Perhaps you’re young and you haven’t any assets to protect. Perhaps you’re just not invested in it because you think you know better. Whatever the reason, you’re not without options if you choose not to sign a prenup. You have the option to later sign something very similar to a prenuptial agreement. It’s called a postnuptial agreement, and it’s the same as a prenup but its only different due to the fact you’re already married when you sign.

What is a postnuptial agreement?
A postnuptial agreement is a form you sign when you’re already married. It’s designed to help you protect yourselves in case something happens to you. This includes death and divorce. It’s a wise way to help you keep any future problems at bay even though you don’t predict you will have any future issues with which to contend. This paper states whatever you want it to state based on your personal situation. You get to create the terms, the agreement, and the situations presented. You must both agree to it, it might be in writing, and it’s best handled by an experienced postnuptial agreement attorney in New York City.

Why do I need a postnuptial agreement?
Here is where you might find yourself surprised. A postnuptial agreement is not something you sign because you suspect you might one day divorce. It’s protection, yes, but it’s protection against anything that might occur. For example, if your spouse opens a business with a partner after you get married, you might not have any rights to that business if your spouse dies. This postnuptial agreement can outline your interest in the business being protected if your spouse dies.
On the other hand, it can protect your spouse and his or her business partner from you taking over any portion of their business if you are divorced. There are aspects to this that make it necessary for some couples. In fact, many businesses require their partners to sign agreements like this if they want to enter into the contract with one another. It’s for their own protection as well as the protection of all they build together.

Another common reason for a postnuptial agreement is inheritance. Perhaps you married with nothing, but you inherited an estate thanks to your family. You want to protect that inheritance with a postnuptial agreement. You and your spouse might have a plan in place if anything happens to either of you or you decide to get married, but things change all the time that might make one or both of you decide you don’t want to bother with that kind of nicety.
Additionally, a judge might make a decision based on the information they have if death occurs, and it might not favor you at all. Even if your spouse wanted you to have certain things upon his or her death, a judge may not grant that wish without a valid and legal postnuptial agreement.

Call a Postnuptial Attorney
If you didn’t want to or have a reason to sign a prenup, call an attorney to help you work on your postnuptial agreement. You might decide two attorneys is the best option for you to protect both of your interests, or you might decide to work with only one attorney given the fact you are a married coupon in total agreement over what is going into the contract.

Hiring an attorney is not necessary, but it’s the best way to ensure your postnuptial agreement is honored in court and not contested or challenged by family members or business partners. An attorney can use the correct legal terms, and they can make sure you are both of sound mind when you sign the agreement. This is the best course of action as it helps you protect yourself if something should happen in your marriage or to your spouse.
Even if you’re unsure whether this is the right move for you, you should call and speak with an attorney about the options you have. Protection is always helpful, and it’s never too early to take these steps to protect yourself and your family. An attorney can help you navigate what might otherwise be an awkward and uncomfortable situation as you attempt to figure out what to do and how to do it in this situation.