What is a post-nuptial agreement?

What is a post-nuptial agreement?

One factor couples should consider before getting married is the signing of a prenuptial agreement. Although couples may try to avoid this process since they do not want to think their marriage will come to it, it is always better to be prepared. Couples can avoid any confusion by signing a prenuptial agreement. If they were to become divorced in the future, they will have their assets claimed in the document, which can avoid conflicts.

Prenuptial agreements are documents that establish what was to happen if a marriage did end. They are made before couples get married hence the name. With a signed prenuptial agreement, couples can avoid taking legal action after a divorce, separation or death. These situations are already hard enough without individuals having to claim what they own and possibly fighting in response.

How is a prenup made legal?

In order for the agreement to be binding, there are guidelines that need to be met. It must be a written document that is voluntarily agreed upon by both parties. For it to be effective, it has to be notarized. A prenuptial agreement lists a full financial disclosure for both persons involved. The document should be fair and just to both spouses.

Is child custody outlined in these agreements?

No, child custody arrangements are not to be included in prenuptial agreements. Within the document, there is to be no mention of children, regarding child support or custody agreements.

Can I get a prenuptial agreement after I’m already married?

Couples can decide to get a prenuptial agreement even after they get married. Since this is being done after vows have been exchanged, it is called a postnuptial agreement. The document still serves the same purpose as it would if it were signed before a marriage. Couples may wish to engage in a postnuptial agreement if one of them were to start a business or acquire a high net worth that was no present before the marriage took place. The same guidelines are held for this agreement. This also means that children are not to be mentioned in the document.

Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.

Latest Blogs & News