Postnuptial Agreements
A lawyer for a postnuptial agreement assists clients in writing a contract after the parties are married.
What is a Postnuptial Agreement?
Postnuptial and prenuptial agreements are similar in that both address what will happen to property and debt in the event of a divorce or death. The major difference between the two types of agreements is that the postnuptial agreement is entered into after the parties are married.
Why Would We Want a Postnuptial Agreement?
In New York State, a surviving spouse is entitled to one-third of their spouse’s estate, even if the property is separate property or the deceased spouse’s will designates otherwise. For couples with children from prior marriages or relationships, or couples with assets they wish to leave to other family members, a postnuptial can state what will happen to their property when they die. A postnuptial allows them to pass on separate property to children or other family members and still provide for the surviving spouse.
What is needed for a postnuptial agreement to be valid and enforceable?
In order for a postnuptial agreement to be considered valid in New York, it must meet the following qualifications:
the terms must be fair and just to both parties;
the agreement must be accompanied by a full financial disclosure;
the agreement must be in writing;
the agreement must be signed by both parties voluntarily;
the agreement must be signed in front of a notary;
there must be no evidence of manipulation, coercion or emotional pressure by either party.
How Can Rochford Law and Mediation Help You?
Contact Rochford Law and Mediation today