The less commonly known counterpart of the prenuptial agreement, postnuptial is a voluntary contract between married persons during the marriage. In fact, according to a recent article published in the Pittsburgh Post Gazette, postnuptial agreements are becoming more common. Some reports even go as far to say postnuptial agreements have saved marriages.
Brooklyn Post Nuptial Agreement Lawyer
If you or someone you know is considering a postnuptial agreement, or needing any other type of family law advice, contact a Brooklyn Brooklyn postnuptial lawyer. While the legal requirements for postnuptial agreements vary from state to state, below are seven factors that all marriage contracts should have:
Put it in writing – the law does not recognize oral, or verbal, postnuptial agreements and the document must be signed by both spouses and notarized.
- Read carefully before signing – make sure you understand what you are signing, what rights you are waiving, and what the effect of waiving those rights will have.
- Know that it’s binding – a postnuptial agreement cannot be set aside by the court merely because a party has second thoughts; however, it can be if a court finds duress, fraud, undue influence or the terms to be unconscionable.
- Pick your own attorney – in order to avoid the impression of an unfair advantage or undue influence, select your own attorney to help draft your agreement.
- Disclose, disclose, disclose – full disclosure of each party’s assets is not required. Nonetheless, it is highly recommended.
- Acknowledgment – perhaps one of the most important essentials for postnuptial agreements is the requirement that the signatures of the parties be acknowledged, as failure to do so will result in a court denying enforcement of the agreement.
- Update, if necessary – as circumstances change, the agreement can be altered and should be an central part of the marriage, taking into consideration a change in circumstances, such as second careers, inheritance and the birth or adoption of children.
Often, already married couples decide to put together a post nuptial agreement in attempt to alleviate a problem or issue that is occurring in the marriage. These can include financially related disputes or the attempt to address and prevent potential future problems that may arise.
Skilled Post Nuptial Agreement Lawyers
A knowledgeable and experienced Brooklyn can provide legal guidance to you through the process of drafting a postnuptial agreement that works for you and your spouse. Creating a fair and enforceable postnuptial agreement requires numerous factors to be considered and agreed upon by all parties. Contact the law offices of Alatsas Law Firm for your initial consultation at (718)-233-2903.