Postnuptials allow couples to protect their individual interests in case of certain future events. Through written agreements, they may make arrangements for all types of situations relating to the marriage. Unlike prenuptials, postnuptials are entered into after the marriage has taken place. Their main benefit is that couples can make decisions about crisis or other stressful happenings while everything is going well.
Many people may believe that a happy couple does not need postnuptials. Some even say that postnuptials are a sign that the marriage is not strong. On the contrary, many couples who have gotten postnuptials enjoy very stable and loving relationships. They see these agreements as a way to lessen the stress and damage of foreseen and unforeseen events.
The laws and requirements for entering into a postnuptial in New York require a professional who can interpret and apply them to your case. If you are considering entering in a postnuptial agreement with your spouse, you should meet with an attorney to help you understand the benefits and limitations of making these important agreements.
In these agreements, couples are allowed to make provisions for almost anything relating to the marriage. When dealing with assets, such as the house or bank accounts, they may decide to split them or sell them or almost whatever they choose. This list includes jewelry, cars and other sellable items. It also includes items of sentimental value that are not for sale, such as photos and videos. These agreements are then put into writing, and after the lawyer is finished with it, the final document will be legally binding.
Postnuptials are not only for assets and money a couple may currently have. Spouses may arrange for future resources such as spousal support and inheritances. In addition, child support provisions can be added to postnuptial contracts. These too will be binding. This is why it is essential to have an attorney present during these negotiations. It is more difficult to change these contracts later than draft them properly the first time.
Beyond the various complexities of the law, there are a few basic conditions that must be met in order for a postnuptial to be valid:
1. The contract must be in writing.
2. The contract must be consensual, meaning no one was forced into the provisions.
3. The agreements must be legal.
These are the basic elements necessary to enter into a postnuptial, however, there are details and nuances only an experienced attorney will understand.
You want a lawyer that has worked with many couples in safeguarding their futures with postnuptials.
Call for immediate personal attention at 516-280-6806 and ask for Michael A. Cohen Attorney At Law.