Post-nuptial agreements are contracts married couples may use to plan for and protect themselves in the event they eventually divorce. The legal documentation involved with drafting post-nuptial contracts is similar to pre-nuptial agreements, with the primary difference being whether the document is signed before or after the marriage ceremony.
A marital agreements attorney could help you ensure you sign a contract that protects your assets, child/ren, and any other personal concerns. Schedule to meet with a knowledgeable Syracuse post-nuptial agreements lawyer today for more information about whether these legal arrangements are suitable for you.
Post-nuptial agreements address specific legal matters, such as the division of marital property and alimony, should the couple’s marriage end in divorce. The contracts allow spouses to outline their separate property from marital property and address pre-marital debt. Some reasons people choose to sign post-nuptial agreements include:
Family Courts in New York do not allow these contracts to address issues such as child custody or support, as these decisions must be based on what is best for the child/ren at the time of divorce. As such, the Court may refuse to validate marital contracts that address legal matters regarding children. However, when one or both spouses have children from before their marriage, they can include stipulations to protect the financial well-being of those children. A Syracuse post-nuptial agreements attorney could review the complete list of benefits during a complimentary consultation.
Post-nuptial agreements are valid and enforceable when they are in writing and voluntarily signed by both parties. The terms of the document must be fair to both parties, and both parties must make full disclosure of assets and debt before signing. Both spouses must also enter into the agreement when they are of sound mind and of their own free will. This typically means the signing parties must both be legal adults who sign the document without external duress.
Enforceable contracts may address marital property, debt, and spousal support. Marital property is everything acquired by one or both people during the marriage, regardless of who holds the title. All property the couple obtains after the commencement of marriage and before the couple finalizes a separation agreement is marital property subject to division. Neither party has the legal right to sell or transfer ownership of marital property without a written agreement from the other party. An attorney in Syracuse could draft a post-nuptial contract on a couple’s behalf and ensure compliance with legal rules and regulations.
Post-nuptial agreements allow married couples to make crucial decisions about how they should divide and settle their affairs should they divorce. These legally binding contracts can be especially beneficial for those entering into second marriages or getting married later in life as they are more likely to have assets and debt from before the date of the civil union. The contacts also allow individuals to protect their adult children from before the marriage.
Build a strong foundation for your marriage and avoid disputes down the road with a sound marital contract. Meet with a compassionate Syracuse post-nuptial agreements lawyer to determine if this contract is suitable for your situation.
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