7 Essentials for a Thorough Post Nuptial Process In New York

The Growing Importance of Postnuptial Agreements in a New York Marriage

The less commonly known counterpart of the prenuptial agreement, the postnuptial agreement (also known as a post-nup) is a voluntary post marriage agreement between married persons during the marriage. In fact, postnuptial agreements are becoming more common. Some reports even go as far to say postnuptial agreements have saved marriages by addressing marital issues and reinforcing the economic partnership between spouses. 

Brooklyn Postnuptial Agreement Lawyer

If you or your spouse is considering a postnuptial agreement, or needing any other type of family law advice related to divorce, alimony, or child support, contact a 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 to ensure fair and equitable terms:

1. Put it in writing – the law does not recognize oral, or verbal, postnuptial agreements. The document must be signed by both spouses and notarized.

2. 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 on your separate property and marital property.

3. 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 coercion, fraud, undue influence or the terms to be unconscionable or inequitable.

4. Pick your own attorney – in order to avoid the impression of an unfair advantage or undue influence, select your own legal representation to help draft your agreement. Independent representation ensures that both parties' interests are protected.

5. Disclose, disclose, disclose – full disclosure of each spouse's assets is not required. Nonetheless, it is highly recommended for asset protection and to maintain the fiduciary relationship between spouses.

6. 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.

7. Update, if necessary – as circumstances change, the agreement can be altered and should be a central part of the marriage, taking into consideration a change in circumstances, such as second careers, inheritance, and the birth or adoption of children.

"At Alatsas Law Firm, we recognize that every marriage is unique, and sometimes, a postnuptial agreement is the key to fostering financial clarity and trust. Our Brooklyn-based team is dedicated to guiding couples through this process with sensitivity and expertise, ensuring that your agreement protects your interests and strengthens your partnership. With over 20 years of experience, we’re here to help families across Brooklyn, Queens, and Staten Island secure their future with confidence and peace of mind."- Theodore Alatsas, Esq., Founder of Alatsas Law Firm

Often, already married couples decide to put together a mid-marriage agreement or post-marriage agreement in an 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, such as the division of assets in case of divorce or separation.

Skilled Postnuptial Agreement Lawyers

A knowledgeable and experienced Brooklyn lawyer 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. It can help provide financial security and clarity in your marriage, addressing issues such as alimony, child custody, and the division of separate and marital property.

Contact the law offices of Alatsas Law Firm for your initial consultation at (718)-233-2903. Our team can help you create a postnuptial agreement that protects your interests and strengthens your marital partnership.