The Basics of Post Nuptial Agreements
If you live in New York and are married but didn’t sign a pre-nuptial agreement, you can still protect your rights by contacting a post nuptial agreement attorney New York. He or she can walk you through the basics of post nuptial agreements, ensuring that both you and your spouse’s rights will be protected not just in the event of divorce, but during your marriage.
Not just for those considering divorce
It’s inaccurate to say that post nuptial agreements are just for couples considering divorce. You certainly can pursue a post nuptial agreement if you are headed for divorce, but it’s a good idea to have one in any case.
In fact, according to a post nuptial agreement attorney in New York, such an agreement can actually help protect a marriage; a post-nup can spell out just about anything, including how money and assets are to be handled, financial obligations each of you will fulfill, and so forth, thus preventing arguments that could make your marriage difficult.
There are three kinds of formal agreements
• Agreements that determine how marital property is distributed when one spouse dies.
With these agreements, the surviving spouse waives any right to property that he or she would have otherwise inherited through a will or other means.
• Agreements that go into effect upon divorce.
These agreements are set up so that if divorce happens, proceedings go much more smoothly. Should you divorce, you won’t have the expense of paying lawyers to determine marital asset distribution or custody arrangements at that time.
• Agreements that change future divorce rights.
The third kind is the one most know as a post nuptial agreement. With this, future divorce rights are changed as a result of establishing a post-nup, such as when that alimony is limited or waived, and the division of marital property is changed.
As with prenuptial agreements, post nuptial agreements also must:
1. Be in writing
2. Fully disclose assets and debts of both spouses
3. Have notarized signatures
4. Require nothing against current laws (for example, spouses cannot agree to forgo child support as part of the agreement)
Drawing up a post nuptial agreement
You and your spouse will consult with your post nuptial agreement attorney in New York and determine what will be included in the agreement. Once all details have been worked out and the agreement drawn up, each of you will sign off on it. It is a binding legal contract that can give both of you peace of mind.
If you are in need of a post nuptial agreement attorney New York, then let the professionals at Alatsas Law Firm help you. Call us at (718)-233-2903 or fill out a contact form.