Suffolk County Postnuptial Agreement Lawyer

Suffolk County Family Law Attorneys

If your spouse has informed you of his or her intent to prepare a post nuptial agreement, contact an experienced Suffolk County divorce lawyer right away in order to ensure that your rights and wishes are well represented.

At the office of Kuhn & Sandler, PLLC, our family law attorneys are committed to representing the rights of our clients and in drafting a post nuptial agreement that protects their rights. We work closely with our clients to ensure that their needs are met and their concerns are addressed and we are committed to providing caring, ethical and high quality service.

A post nuptial agreement is drafted after a couple has already gotten married as opposed to a prenuptial agreement which is entered into prior to the couple getting married. One might enter into a post nuptial agreement if before the marriage there was no prenuptial agreement but after the marriage the parties want to specify what happens to their assets in case of a divorce. This may be necessary if the couple is contemplating divorce or separation.

Learn more about how we can help you by contacting us online or calling (631) 629-6874 today!

Differences Between a Postnuptial Agreement and a Prenuptial Agreement

While both postnuptial and prenuptial agreements serve to protect spouses' financial interests, the key difference lies in their timing. A prenuptial agreement, or "prenup," is created before a couple is married. It allows individuals to establish how their assets, debts, and financial responsibilities will be handled in the event of a divorce or separation. Prenups are often used to protect pre-existing assets or family inheritances, and they give couples a clear understanding of their financial rights before entering the marriage.

A postnuptial agreement, on the other hand, is drafted and signed after the couple is already married. Like a prenup, a postnuptial agreement outlines the division of assets and liabilities in case of a divorce, but it may also address financial matters that arise during the marriage. For instance, significant changes in financial circumstances—such as starting a business, receiving an inheritance, or accumulating debt—may prompt a couple to formalize a postnuptial agreement. While prenups are more common, postnuptial agreements can be equally effective in protecting the rights and interests of both parties, particularly when financial situations change after marriage.

What Makes a Postnuptial Agreement Invalid?

Postnuptial agreements can offer peace of mind, but they must meet specific legal requirements to be considered valid and enforceable in court. In Suffolk County, as in the rest of New York, certain factors can lead to the invalidation of a postnuptial agreement. It is important to ensure that your postnuptial agreement is carefully drafted to avoid these potential pitfalls.

One of the most common reasons a postnuptial agreement may be deemed invalid is coercion or duress. If one spouse was pressured or forced into signing the agreement, it could be ruled unenforceable by the court. Both parties must enter into the agreement voluntarily and of their own free will. Additionally, the agreement must be fair and cannot be unconscionably one-sided. An agreement that heavily favors one spouse over the other may be scrutinized and could be thrown out by the court if deemed unjust.

A lack of full financial disclosure can also invalidate a postnuptial agreement. Each spouse must provide a complete and accurate disclosure of their assets, debts, and financial obligations. If one party withholds information or misrepresents their financial status, the agreement may be considered fraudulent and subsequently invalidated.

Finally, a postnuptial agreement must comply with New York state laws and meet legal formalities. This includes ensuring that both spouses have separate legal representation to ensure that their individual rights are protected. An agreement that fails to meet these legal standards may not hold up in court.

When Should a Couple Consider Getting a Postnuptial Agreement?

Couples may consider getting a postnuptial agreement at various stages of their marriage, particularly when financial circumstances change significantly. For example, if one spouse receives a large inheritance or a significant career promotion, a postnuptial agreement can help outline how those new assets will be handled in the event of a divorce. Similarly, if one or both spouses start a business during the marriage, they may want to protect their business interests with a postnuptial agreement.

Couples may also choose a postnuptial agreement if they did not sign a prenuptial agreement before marriage and later decide they want to formalize their financial arrangements. It can be a helpful tool to ensure clarity and reduce potential conflicts regarding finances and property division. Additionally, if marital issues arise and the couple is working on reconciliation, a postnuptial agreement may help address financial concerns, giving both spouses a sense of security moving forward.

In any case, it is important to consult with a qualified attorney to ensure that your postnuptial agreement is tailored to your specific needs and complies with New York law.

Need a Post Nuptial Agreement?

Post nuptial agreements vary widely depending upon the needs and interests of the parties. Just as prenuptial agreements do, post nuptial agreements often outline how marital and separate property and possessions will be divided if the marriage ends as a result of divorce or death and often include provisions for:

• Ownership and the right to pensions and retirement funds
• Protecting inheritances and heirlooms received during the marriage
• Spousal support
• Child support
• Child custody
• Ownership of real property, bank accounts and businesses owned by either spouse or both spouses

As with prenuptial agreements, New York has strict rules which must be followed in order for the agreement to be enforceable.