When a couple gets married, the last thing they ever want to think about is a divorce. However, couples will generally regret not getting a prenuptial agreement if they divorce at some point down the road. This is why if you are married, you may wish to discuss a postnuptial agreement with your spouse, whether you are considering a divorce or not. A postnuptial agreement functions essentially the same as a prenuptial agreement; the only considerable difference is that it is drafted after marriage. If this sounds like something that might work for your situation, here are some of the questions you may have:
What are some specific issues a postnuptial agreement can address?
When you approach your spouse about drafting a postnuptial agreement, you must let him or her know how you really feel. Postnuptial agreements can be a touchy issue, so you must handle them as such. If you are not considering a divorce, and simply wish to have a certain level of financial security, you should assure your spouse of your intentions. Sometimes in life, expectations and financial situations change, warranting a postnuptial agreement. Some of the most common reasons couples choose to draft a postnuptial agreement are as follows:
- You and your spouse did not define their financial relationship in a prenuptial agreement.
- One party’s financial circumstances have significantly changed. For example, they may have received a large inheritance or got a big promotion.
- Both you and your spouse are seeking to avoid the potential expense, stress, and uncertainty of the equitable distribution process.
- Financial insecurity is affecting the stability of your marriage.
- Either you or your spouse wishes to secure financial support from another marriage.
What constitutes a valid postnuptial agreement?
There are several qualifications for a valid postnuptial agreement in the state of New York. They are as follows:
- Postnuptial agreements must be in writing
- They must be signed by both parties voluntarily
- They must be fair and just to both parties
- They must be signed in front of a notary
- They must be accompanied by a full financial disclosure
- There must be no evidence of manipulation, coercion or emotional pressure by either party
Contact our experienced New York firm
If you are considering a postnuptial agreement, do not hesitate to reach out and contact an experienced attorney. He or she may guide you through the process of drafting and finalizing your postnuptial agreement.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.