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Long Island Postnuptial Lawyers

November 13, 2017

In Long Island, a prenuptial agreement is a signed contract between a couple who intends marry. The contract outlines what will happen in the couple divorces. 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 one spouse dies. Provisions for a postnuptial agreement is outlined in New York Domestic Relations Law 236B (3).

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

Long Island Prenuptial Agreements 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 in your postnuptial agreement:

• Separate Assets and Property: The assets and property a spouse has prior to marriage is deemed separate property. This means the spouse does not own the property or have stake in the assets. The agreement will outline which property and assets completely owned by you or your spouse.
• Marital Assets and Property: All assets and property acquired while married is called marital property. This means that if you and your spouse divorce, the property and assets would be divided. You can decide to identify separate property as marital property in a postnuptial agreement.
• Financial Support for Child from another Relationship: Sometimes one spouse has children from a previous relationship. The non-biological spouse may adopt them. In this instance, they would have to pay child support if the couple separated. If there was no adoption, you and your spouse can decide whether child from a prior relationship will receive any financial support after a divorce.
• Pre-marital Debts: Pre-marital debts are any bills a spouse had before they were married. 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. However, the judge will look at the postnuptial agreement to determine if it is fair.

Enforcing a Long Island Postnuptial Agreement

A postnuptial agreement must be valid to enforce it if there is a divorce or death of a spouse. A New York court will invalidate a postnuptial agreement under certain conditions. For instance, if one spouse committed fraud. Fraud occurs when a spouse fails to be honest and provide information about their assets and property. A postnuptial agreement requires full disclosure about all debts, assets and property you own.
Duress or coercion occurred during the postnuptial. Both spouses must enter into the contract of their own freewill. If it is determined one spouse was convinced or pressured into making the prenuptial agreement, it is not enforceable.
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 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.

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