While many people are most likely familiar with prenuptial agreements, less seemed to be privy to the fact that postnuptial agreements exist as well. Though it may be uncomfortable for you and your spouse to agree on what will happen should you two get a divorce, doing so can keep both of your assets protected. Our Nassau County divorce lawyer at Simonetti & Associates is well versed in postnuptial agreements and will help draft a strong and beneficial one for you and your spouse.
What Is A Postnuptial Agreement?A postnuptial agreement is a written agreement that is created after a couple gets married to settle affairs and assets in the event of a separation or divorce. Relatively new to the United States, postnuptial agreements were not considered to be enforceable until the 1970s. Since then, they have become more and more common and are now widely enforced. To ensure your postnup is enforceable, make sure it adheres to the following:
- The agreement is in writing
- Both parties voluntarily agreed to the terms
- Each spouse has received full disclosure to all aspects of the agreement
- It is fair and unconscionable
- All requirements regarding state laws have been met
What Should Go In A Postnuptial Agreement?When drafting a postnuptial agreement, working with a Nassau County divorce lawyer will make the process easier than trying to do it without one. Our knowledgeable staff will make sure all legal aspects are up to par, so you and your spouse can focus on what goes into the agreement asset wise. Below are examples of what you and your spouse should think about including:
- How property and other assets will be divided after a divorce
- The monetary amount of spousal support payments, and how long they are made
- The desired dispersion of debt that was accumulated in a marriage
Contact Our Nassau County Divorce LawyerFor spouses looking to create a postnuptial agreement, this process does not need to be a complicated one. At Simonetti & Associates, our team has helped many clients create postnup agreements swiftly and easily. If you and your spouse are serious about protecting your assets, be sure to contact our team today. Our Nassau County divorce lawyer will help you create an ironclad agreement, allowing the two of you to get on with your lives without worry.
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