A marriage has many implications. It’s not only a joyous union of two souls. It is also a legal contract with certain obligations that both parties must follow. One way to spell this out better is to make sure that each party understands what is required of them in the event that the marriage does not work out. This can be done before people get married via what is known as a prenuptial agreement. It can also be done after the couple get married. A postnuptial agreement is a legal contract that many married couples find to be highly useful. It allows both parties to understand exactly what will happen if they get divorced. This document can be a highly specific one that enables all those party to the marriage to understand their rights and responsibilities if the marriage does not work out. Working with an effective Queens lawyer to craft a postnuptial agreement has many useful advantages.
One of the many advantages of this kind of arrangement is that all is made known to the other partner. The requirements for an enforceable postnup can very from district to district. At the same time, most postnups must meet certain conditions. This is true in Queens. Each party to the agreement needs to make sure the other person has full understanding of how much money they are bringing to the table. This should include any and all assets. One party may have an apartment that generates rental income. The other party to the marriage is entitled under law to know about this apartment and how much it provides in yearly income to their spouse. This is also true of other forms of income such as the person’s salary and any other forms of investment. If this is not disclosed in advance during the postnup agreement, this can invalidate the agreement. Other conditions also apply. Each party in the marriage has to agree to the terms. One party can’t force the other party to agree to the terms against their will. For example, one member of the party can’t tell the other to sign or they will reduce their chances of child custody if there is a divorce. The agreement needs to crafted so that both parties to it are evenly matched and allowed to walk away with a document that protects what they bring to the marriage and any assets that are accumulated once the marriage continues.
Hammering it all Out
Once the parties have decided that this kind of document is in order, it’s best to begin the process of creating it as soon as possible. Each person should have their own legal counsel. The opposing legal counsel will accurately represent each party to the marriage in the agreement. They will let the other party know what is expected of them during the agreement. For example, they will explain what each line of the agreement means before it is signed. A lawyer can translate any legal language into language that everyone involved can understand well. They can point out specific clauses that can be included to make sure the agreement is enforced in the person’s favor and make sure that such clauses are legally allowed under New York state law. The lawyer can also contest any possibly contentious issues that may arise during the process. People can have a happy marriage but still have issues that may exist between them that happen as the agreement is being signed. The lawyer can act as the person’s representative and avoid personal and unpleasant issues that might lead to potential marital conflicts.
An agreement of this kind allows both parties to move forward in the marriage with great confidence. They know what is expected of them if things aren’t going well. A postnup can also be changed as needed if things change between the two parties. One or more parties can request a change to the document. This may require the lawyer to contact both parties and rework the document to account for any needed changes. All partners should consider doing this in the event of certain changes in their lives. For example, after the birth of a first child is often a good time to rework the document in order to make sure that child is provided for in the event of a divorce. This kind of flexibility makes any marriage exist on a firm foundation of mutual trust and true respect.