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NYC Postnuptial Lawyers

November 13, 2017

Postnuptial agreements don’t get the same kind of attention as a prenuptial agreement, but they are essentially the same thing. A postnuptial agreement is a binding legal document you enter into once you are married, unlike a prenup that’s handled prior to exchanging your vows. The primary purpose of a postnuptial agreement is long-term financial planning. There are many reasons to create a postnuptial agreement, and there are many reasons you want to hire an attorney or two to help you create the most beneficial postnuptial agreement for you and your family.

Why do I want a postnuptial agreement?

Before you take a moment to write it off as a bad idea, take a moment to understand a postnuptial agreement does not mean your marriage is suffering. It has nothing to do with the state of happiness in your marriage and everything to do with your financial protection in case something changes in the future. For example, a wife who decides to leave her career to stay home with the kids she’s having might like to know she’s protected if her husband decides to leave her or mistreat her and cause her to leave.

It’s also recommended if you and your spouse decide to start a business or it might protect you if your spouse dies unexpectedly. A postnuptial agreement is a tool meant to help with financial planning, and it’s not a bad thing. There is no right or wrong reason to want a postnuptial agreement, but it is imperative you know what you want, how you want it, and how to make this a binding legal document.

Hire an Attorney

In fact, hire two attorneys. Both you and your spouse need an attorney of your own to handle your postnuptial agreement. You want someone to draft the agreement and you each want an attorney who is working to ensure your rights are being upheld and you are not being taken advantage of in this situation. This is not to say your spouse would take advantage of you, but there are all kinds of people in the world and you never know precisely how your spouse feels about your marriage when this kind of agreement is created.

A postnuptial agreement is not valid in New York if it is not in writing. Verbal contracts are not considered valid, and they will not be upheld in a court of law. He said, she said situations are not considered legal, and a judge will not consider this if your marriage fails in the future. You must also sign the agreement together. It’s helpful to have a neutral third party such as a notary public sign as well. This shows you were of sound mind when you agreed to this, and it helps make the document legal.

The purpose of hiring attorneys to help with the creation of a postnuptial agreement is to make it legal. When an agreement of this nature is done incorrectly, it’s not going to hold up in a court of law. When it’s legal and binding, it’s difficult to argue the validity of this document. Now is the time to hire an attorney to help you draft an agreeable postnuptial agreement that protects you both in case of divorce or even death.

An attorney can help you with provisions, such as citing the agreement becomes null if one party cheats or if the kids are grown by the time divorce occurs. It’s a sticky financial situation for many couples, which is why an attorney can help ease the stress of creating this type of document.

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