Troy Post-nuptial Agreements Lawyer
While many people have heard of “pre-nups” that some couples draft together before officially tying the knot, not everyone knows that married couples can form similar agreements at any point during their marriage. Other than when they are drafted, post-nuptial agreements work exactly the same as pre-nuptial agreements, and they can cover the same topics and resolve the same potential disputes in legally binding ways.
That said, there are numerous regulations and restrictions that anyone seeking to create a post-nup in New York must abide by. Complying with those rules while also ensuring the finished document addresses every possible concern that is relevant to a couple’s relationship can be tricky without guidance from a seasoned marital agreements attorney. By working with a Troy post-nuptial agreements lawyer, you could more effectively protect your best interests both now and in the future.
Basic Rules for Post-nuptial Agreements in Troy
Under New York state law, a post-nuptial agreement is only considered valid and enforceable if it is in writing and signed by both spouses in the presence of a notary public. Furthermore, both parties must fully and honestly disclose all their assets, properties, debts, and other financial interests before beginning the drafting process. Any omission or intentional failure to disclose important information could lead to a court finding the agreement to be invalid based on fraud or misinterpretation, and therefore declared unenforceable.
It is also generally in the best interest for every person involved in drafting a post-nuptial agreement in Troy to retain their own attorney who could assist and represent them throughout the process. While this is not a strict requirement established by state law, drafting a post-nuptial contract without everyone being represented by independent legal counsel could open the agreement up to questions about its fairness. This could lead to it being declared invalid in court, just like fraud or coercion during the drafting process could.
What Issues Could a Post-nuptial Agreement Address?
Post-nuptial agreements can establish binding resolutions to just about any legal or personal matter that might come up during a divorce proceeding. This ensures, well in advance of any possible marital trouble, that particularly divisive matters have already been handled out of court. Specific topics that a skilled lawyer could help a couple in Troy factor into their post-nuptial contract include:
- Designation of certain property and/or assets as marital or separate property
- How marital property would be divided during a divorce
- Who would be responsible for debts predating the marriage in the event of divorce
- What spousal maintenance, if any, one party would owe to the other following a divorce
- Whether one parent would, following a divorce, provide financial support to their former spouse’s children from a previous marriage
Additionally, post-nuptial agreements can establish the preferences of both signing parties with regard to child custody rights, visitation rights, and child support obligations for children produced by their marriage. However, any such declarations within a post-nup agreement would still be subject to approval by a court during the divorce process. The specific preferences established within the agreement would not be legally enforceable otherwise.
Consider Working with a Troy Post-nuptial Agreements Attorney
Establishing an agreement with your spouse about how certain marital issues should be resolved can be a great way to avoid conflicts that might damage your relationship or complicate a divorce. However, drafting such an agreement within the rules set under state law can be a complex task, especially without guidance from an experienced legal professional.
The assistance of a capable Troy postnuptial agreements lawyer could be vital to preserving your rights and interests, both now and in the future. Call today for a complimentary consultation.