Photo Of Attorney Jane K. Cristal

Protecting Your Rights And Best Interests

In Divorce And Other Family Law Matters

Legal Representation For Postnuptial Agreements

Sometimes married couples choose to resolve their disagreements or concerns by negotiating terms and conditions and memorializing them in a writing called a postnuptial agreement. This type of agreement or contract is usually designed by counsel with the goal of protecting the parties in the event the marriage suffers a breakdown in the future. Similar to prenuptial agreements, except for the fact that these agreements are signed by the husband and wife during the marriage rather than prior to it.

The nature of this type of marital agreement is elastic and may be structured to cover any of myriad issues that may be distracting the couple from a peaceful relationship. Postnuptial agreements can address all the financial aspects of the marriage and allow the parties to make their own decisions in advance of any legal process.

But, it is often common for the married couple to address items such as designating one partner or the other as being responsible for certain tasks or duties; putting life insurance in place; transferring names on deeds or other assets; itemizing separate property; estate planning; sharing household expenses; participating in community or religious activities; reaching an agreement on who would remain in the marital residence in the event of a separation or divorce; distributing retirement accounts; inheritances, college expenses, and other matters, including but not limited to infidelity, excessive or irresponsible spending or other types of objectionable behaviors.

In postnuptial agreements, the couple is given the opportunity to take the time to work through their marital difficulties and resolve any disputes in an attempt to enhance or actually save the marriage. Those who have acquired high net worth assets during the marriage, even in cases in which they have a prenuptial agreement in place, may find it necessary to modify or update an existing agreement with a postnuptial agreement. In order to achieve an effectively drafted agreement that is less likely to fall prey to a future court challenge, it is imperative that you enlist the assistance of a skilled Nassau County divorce lawyer from Jane K. Cristal, P.C..

Postnuptial Agreements: Legal Restrictions In New York

Under New York state law, postnuptial agreements must be based upon full financial disclosure to protect the integrity of the agreement and stand up against any challenges brought in court. As with any marital agreement, the contract must be signed before a notary public and the signature must be duly acknowledged in a form that enables a deed to be recorded. Further, as with any contract, the parties must have entered its term and conditions voluntarily, of their own free will and without coercion. Matters of child custody, child support and visitation are generally held outside the agreement to be determined by a court of competent jurisdiction in the event the marriage goes the way of dissolution and requires court intervention.

Contact a Nassau County postnuptial agreement lawyer at Jane K. Cristal, P.C., to discuss your options with regard to postnuptial or prenuptial agreements.