Prenuptial and Postnuptial Agreements
Two tools that couples may use to make agreements about their marriage, before or after getting married, are prenuptial and postnuptial agreements. Prenuptial agreements are created before marriage, and much like a Separation Agreement, it spells out each party’s rights and responsibilities during the marriage, at death or divorce, Postnuptial agreements are entered into after marriage and assist couples with establishing boundaries and baselines after significant marital events, like a change in financial status. At The Claro Law Firm, Yonkers and White Plains divorce lawyer Elisa Claro is prepared to help you and your spouse create an agreement that captures your goals for the future.Creating A Prenuptial Or Postnuptial Agreement To Fulfill Your Objectives
A prenuptial agreement is a contract between two people who are contemplating marriage. To be valid, the agreement must be signed by both parties and witnessed before a notary. It is often used to help a couple clarify how they intend to allocate financial and property rights and responsibilities in the event of a divorce or death. Perhaps the most common reason that a spouse will suggest entering into a prenuptial agreement is when they have substantial financial assets prior to the marriage. In this situation, the agreement may state that certain assets will remain the property of the spouse who owns. The agreement may also cover a variety of other subjects, like whether or not a party will be allowed to seek spousal support if the couple separates.
In the event of divorce, enforcing a prenuptial agreement may help streamline the process of creating the divorce decree and determining the rights of each spouse. Otherwise, the couple’s property and financial responsibilities may be divided according to New York State law and at a judge’s discretion.
A postnuptial agreement also pertains to each party’s rights and responsibilities of money and property. For example, it may exclude certain property from the marital estate and set forth which spouse has the right to buy, sell or use real property. Or, if one spouse acquires a substantial amount of debt, the agreement may be used to establish each spouse’s financial benefit or burden regarding the debt. The agreement may be very useful in response to significant changes in the marital estate or in the absence of a prenuptial agreement.Contact A Divorce Lawyer In the Yonkers Or White Plains Areas
The Claro Law Firm provides legal counsel to spouses seeking to a prenuptial or postnuptial agreement throughout Westchester County, including in Rye, Peekskill, New Rochelle and Mount Vernon. We understand how delicate and nuanced certain issues may be in a marriage and we will treat you with the compassion that you deserve. White Plains and Yonkers divorce attorney Elisa Claro offers a consultation to help you learn about your options. Call us at 1-877-631-3539 or contact us online to schedule a consultation with a divorce or child custody lawyer to discuss your options.