Postnuptial agreement

Postnuptial agreement


Are you a newlywed without a postnup? Maybe it is time to consider meeting with a divorce lawyer in Huntington, NY and learn more about it. Simonetti and Associates have attorneys that can help your marriage by creating a postnuptial agreement. Postnuptial agreements, sometimes known as “postnups”, are written and executed after you’re married.

The agreement codifies the obligations and responsibilities of each partner. Marriage is an economic partnership in which a written contract can benefit both parties.

Marital settlement agreements make it simple for couples who do not want the court to get involved with the distribution of property. Your reasons for wanting your property rights spelled out in an agreement might include:

  • You own or co-own a business or businesses.
  • You expect to receive a large inheritance.
  • You expect to increase your income significantly.
  • You are much wealthier than your spouse.
  • You plan to support your spouse financially through post-secondary education.
  • You have or are expecting a degree in a lucrative profession.
  • You own valuable property such as real estate, stocks or savings.
  • You have children from a previous marriage, aging parents or other loved ones who need a secure financial future.

Click here  for a checklist and analysis of issues commonly addressed in the postnup and schedule an appointment with a divorce lawyer in Huntington, NY to ask more questions.

What is needed to make a valid postnuptial agreement?

  1. Written- Postnuptial agreements must be in writing.
  2. Voluntary- both parties consent, no one was threatened or coerced
  3. Disclosure- full and fair disclosure needed
  4. Fair- Postnuptial agreements must not be unconscionable
  5. Validly executed – Postnuptial agreements must meet the requirements of the laws of the parties’ state of residence.

Visit our website  for more details on what exactly a postnuptial agreement is and when a party can challenge one. If you are interested, contact our divorce lawyer in Huntington, NY.