Long Island Postnuptial Agreement Lawyers Serve Nassau and Suffolk Counties
Knowledgeable attorneys help married couples agree on their legal and financial future
While prenuptial agreements are more well-known, many states — including New York — also recognize postnuptial agreements as a way of handling the financial fallout of a divorce. However, postnuptial agreements are subject to closer legal scrutiny, which in turn demands that additional efforts be taken to ensure their enforceability. The attorneys at Bryan L. Salamone & Associates, P.C. are experienced in preparing effective postnuptial agreements that pass muster with the courts.
What is a postnuptial agreement?
A postnuptial agreement is similar to a prenup but is signed after the couple has married. Although it can replace an existing prenup, it can also be the first marital agreement the couple enters. In either event, the postnup typically addresses property division, spousal support and parenting issues that arise in a divorce and provides a framework for their resolution.
Why should you have a postnuptial agreement?
A married couple’s relationship will naturally evolve over time. Sometimes, events like unexpected inheritances or financial difficulties can complicate the spouses’ economic relationship. If you have concerns about how a court will divide your assets or will order financial support in the event of divorce, you can agree in advance on your own plan that settles potential legal issues before they arise. Our experienced and careful attorneys will review your situation and needs and help you secure a postnuptial agreement that meets your agreed upon objectives.
What does a postnuptial agreement cover?
A postnuptial agreement accurately discloses all of the couple’s marital and separate property. Then, it sets out the couple’s rights and responsibilities with respect to such issues as:
- Which property is marital and thus subject to equitable distribution
- How property and debts are apportioned between the spouses, a choice which may take precedence over what a court would otherwise decide
- Protection of children of prior marriages
- Child custody and support, although these provisions are subject to the court’s determination that they are in the best interests of the child
We will help you determine what provisions you need and will carefully prepare a precise agreement designed to carry them out to the extent permissible under the law.
Will the courts enforce my postnuptial agreement?
Postnuptial agreements are presumed to be enforceable but they may be challenged in court. Common grounds for such challenges include allegations of:
- Fraud in the making of the agreement, such as failure to disclose all of a spouse’s assets
- Coercion of a spouse into signing the agreement or denying a spouse an opportunity to give it proper consideration
- One-sided or otherwise unconscionable terms in the agreement
It is advisable for each spouse to retain their own attorney when preparing a postnup, because an agreement drafted by one attorney representing both spouses will be scrutinized more closely and critically, especially where the spouses appear to be of unequal bargaining power. Our attorneys are skilled at avoiding the pitfalls that put the enforceability of postnuptial agreements in jeopardy.
Get reliable assistance for postnuptial agreements on Long Island
Bryan L. Salamone & Associates, P.C. is skilled in supplying the proper financial safeguards you need for your marriage. Contact us online for a free initial consultation with our attentive attorneys and learn how we can structure a postnuptial agreement for you. If your case is urgent, do not email. Call us immediately at 1.631.479.3839.