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Long Island Prenuptial and Postnuptial Agreements: What You Need to Know

Introduction

In Long Island, a prenuptial agreement is a signed contract between a couple who intends to marry. The contract outlines what will happen if the couple divorces. It’s important to note that a prenuptial agreement is not the same as a postnuptial agreement.

A postnuptial agreement is a signed contract between a married couple to outline what happens if they divorce or if one spouse dies. Provisions for a postnuptial agreement are outlined in New York Domestic Relations Law 236B (3).

Reasons for Postnuptial Agreements

A married couple may want a postnuptial agreement for a variety of reasons. For instance, one spouse may want the agreement after infidelity has occurred or after a significant change in assets.

Long Island Prenuptial and Postnuptial Agreement Issues

Typically, the same issues that arise in a prenuptial agreement will arise in a postnuptial agreement. The following are some issues you may want to include in your postnuptial agreement:

• Separate Assets and Property: The assets and property a spouse has prior to marriage are deemed separate property. The agreement will outline which property and assets are completely owned by you or your spouse.
• Marital Assets and Property: All assets and property acquired while married are called marital property. You can decide to identify separate property as marital property in a postnuptial agreement.
• Financial Support for Child from Another Relationship: You and your spouse can decide whether a child from a prior relationship will receive any financial support after a divorce.
• Pre-marital Debts: You or your spouse can decide not to be responsible for each other’s pre-marital debts.
• Child Support and Alimony: A postnuptial agreement can outline what type of custody agreement and alimony payments you or your spouse will receive if there’s a divorce. The final decision will be made by a divorce court judge, considering the fairness of the postnuptial agreement.

Enforcing a Long Island Postnuptial Agreement

A postnuptial agreement must be valid to be enforceable in case of a divorce or death of a spouse. A New York court will invalidate a postnuptial agreement under certain conditions:

• Fraud: Fraud occurs when a spouse fails to provide honest information about their assets and property. A postnuptial agreement requires full disclosure.
• Duress or Coercion: Both spouses must enter into the contract of their own free will. If one spouse was convinced or pressured into making the postnuptial agreement, it is not enforceable.
• Fairness: The agreement must be fair to both spouses. One spouse cannot receive more or give up more than the other spouse.

Seeking a Postnuptial Agreement in Long Island? Contact Us for Help.

If you are seeking a postnuptial agreement, you need an attorney to represent you. A postnuptial agreement is not enforceable when you and your spouse share attorneys. That is why we are here. We will represent your interests and fight for what you want in the agreement. You can count on us to make the postnuptial agreement fair and equal so that it will not be challenged in court.

Contact us immediately for help. We are on your side.