Your Guide To New York Prenuptial And Postnuptial Agreements

In New York, prenuptial or postnuptial agreements are contracts that are created before or during a marriage that outline how property and other issues should be approached in case of divorce or the death of one of the spouses. They address major marital issues without the need for a judge to intervene in a courtroom, serving as a reliable roadmap for a final divorce decree.

Legal help is essential when creating prenuptial or postnuptial agreements, as a poorly drafted “DIY” agreement may not hold up in court. New York family law attorney Peter M. Nissman protects clients’ rights by reviewing these contracts to ensure individuals do not inadvertently waive their rights to crucial assets or support. He provides a steady hand and negotiates directly on behalf of clients so that emotions do not derail the creation of a fair contract.

What Do Prenuptial And Postnuptial Agreements Cover?

It’s important to be clear about what you can and cannot put into a prenup or postnup. Three common elements of a divorce can almost always be addressed during the process of drafting a prenuptial or postnuptial agreement:

• Property and asset division: Outlining exactly how real estate, bank accounts and retirement funds are split.
• Debt allocation: Establishing clear responsibility for outstanding credit cards, mortgages and loans.
• Spousal support (Alimony): Determining if one spouse will provide financial support to the other and defining the duration.

Provisions regarding child custody, visitation and child support cannot be definitively locked into a prenuptial or postnuptial agreement, as New York courts retain absolute authority to decide or modify these issues based on the child’s best interests at the time of separation. Mr. Nissman advises clients on how to construct a prenup or postnup agreement that will withstand later legal scrutiny.

Benefits Of Drafting A Prenuptial Or Postnuptial Agreement

Prenup and postnup agreements allow clients to “preview” their divorce, should it happen, and work out equitable terms when they are still getting along. The benefits of crafting these private contracts include:

• Control: The couple decides the final domestic outcome rather than a judge.
• Privacy: Agreements remain private contracts, whereas court cases become public record.
• Cost-effectiveness: Drafting a prenup or postnup is generally less expensive than a full trial.
• Speed: These agreements can be finalized much faster than waiting for an available court date.

Mr. Nissman helps clients reach customized pre- or postnup agreements before they are needed, enhancing the feeling that the current relationship rests on an even footing.

Must-Know Answers To Common Questions About Prenuptial Or Postnuptial Agreements

As a family law attorney, Mr. Nissman hears some questions again and again when he counsels clients in his Manhattan office about prenups and postnups. Here are answers to three of them to help readers better understand the process.

What is the main difference between a prenuptial and a postnuptial agreement?

The primary difference is timing. An NYC prenuptial agreement attorney helps couples enter into a contract before marriage that becomes effective upon the wedding, while couples create postnuptial agreements in New York during the marriage. Both options define how assets and debts will be handled in the event of a divorce or death.

What makes a marital agreement enforceable in New York?

To ensure marital asset protection in NYC, the agreement must be in writing, signed voluntarily by both parties and notarized in a specific legal manner. New York law requires full financial disclosure from both spouses. It is highly recommended that each party retain independent legal counsel to prevent later claims of overreaching or unconscionability.

Can a prenuptial or postnuptial agreement determine child custody or child support?

In New York, courts are not bound by provisions in marital agreements regarding child custody or child support. Because judges must decide these issues based on the best interests of the child at the actual time of separation, any prior agreement remains subject to judicial review and modification.

Before You Draft A Prenup, Get Trustworthy Legal Advice.

Prenuptial and postnuptial agreements can be beneficial, but they must be done properly to be valuable. Call the Manhattan office of Nissman Law at 212-750-1276 or use the website’s online intake form to schedule your formal case consultation. Mr. Nissman works with clients in all five NYC boroughs and select clients in Nassau and Suffolk counties.