In New York, married persons may enter into an agreement to determine how certain issues are to be handled in the event of a divorce. These agreements are referred to as postnuptial agreements. In order for a postnuptial agreement to be considered valid, it must comply with certain legal requirements. Only certain matters may be handled in a postnuptial agreement, so it is important to understand what the law allows and prohibits. Brooklyn postnuptial lawyers can help married individuals draft postnuptial agreements and enforce them in the event of a divorce.
What are the legal requirements for a postnuptial agreement in New York?
According to New York law, a postnuptial agreement must be in writing and signed by both of the spouses. The terms of the agreement must be in reasonable reasonable detail. The terms must also be fair to both parties.
Under what circumstances would a postnuptial agreement be helpful?
Married persons who have acquired significant assets or foresee that divorce is a imminent, may want to consider a postnuptial agreement. A postnuptial agreement will govern how assets are to be divided. Post nuptial agreements can also be helpful for parties who are separated, but not yet ready to be formally divorced.
What can be included in a postnuptial agreement?
A post nuptial agreement may address several issues related to a marriage, including:
Division of property and debts: In New York, property and debts of the parties are to usually divided equally. The parties may agree to a different division than what the law dictates. In these situations, a postnuptial agreement can specify the property each party is to receive. The postnuptial agreement may also set forth how debts are to be divided between the parties and paid.
Nature of property: a postnuptial agreement may set forth that certain property of the parties will be considered as that party’s separate property and therefore not subject to division in the divorce.
Spousal maintenance: the agreement may address spousal maintenance, also referred to as alimony. The agreement may dictate the amount to be paid and for what duration of time. It may also set forth that no spousal maintenance will be required.
Provisions related to child custody: the parties may set forth how certain aspects of child custody are to be handled, including decision making for the children and visitation. There are some limitations to this, as a court may determine that a different custody schedule is in the best interest of the children under the circumstances at the time of the divorce.
How is a postnuptial agreement enforced?
In the event the spouses wish to be divorced, then a postnuptial agreement can be incorporated into a divorce case and the terms adopted into a formal order. In some situations, a spouse may challenge the validity of the postnuptial agreement or certain terms. Because of this, it is important to draft the agreement in such a way that makes it difficult to set aside the agreement. Some examples of issues that may cause a court to set aside an agreement include:
-Evidence that the agreement was entered into in voluntarily, under duress, by coercion or by undue influence,
-The terms of the agreement are unconscionable or unfair,
-One of the parties committed fraud in inducing the other spouse to agree, or
-The agreement does not comply with the legal requirements.
How can a postnuptial lawyer help?
A person seeking to prepare a postnuptial agreement should consult with an experienced postnuptial agreement lawyer who can provide legal advice and assist in preparing the document. By working with an experienced lawyer, you will better ensure that the agreement complies with the legal requirements and that it is free from attack at a later date. A lawyer will help you assess your situation to determine the best course of action to take and the language to include in the agreement.
If you already have a postnuptial agreement and need to enforce the provisions, you should also contact a post nuptial lawyer to help you interpret the provisions and determine the best course of action for enforcement. Similarly, if you have a postnuptial agreement that needs to be modified, you should work with a lawyer to ensure that the previous agreement is revoked and that the new agreement adequately addresses your current situation.
Contact Brooklyn postnuptial agreement lawyers to schedule an appointment if you need a postnuptial agreement or require assistance with an existing agreement.