Prenuptial & Postnuptial Agreements

Prenuptial Agreements and Postnuptial Agreements

New York recognizes prenuptial and postnuptial agreements. The difference between a prenuptial agreement (properly ante-nuptials) and postnuptial agreement: A prenuptial agreement is executed before marriage and a postnuptial agreement is executed after marriage.

Nuptial agreements are mistakenly considered to be only for the rich. Anyone with substantial assets, people who are remarried, and others should consider entering into a prenuptial or postnuptial agreement. Most people enter into a nuptial agreement in an effort to make the marriage will work and because there is a disparity between the assets each party brings into the marriage.

Prenuptial agreements are the most common nuptial agreement. We discuss some of the benefits of prenuptial agreements with most of our clients.

Purpose: Asset Protection

Most people realize how many marriages end in divorce. While no one ever believes he or she will be part of the one out of three that will end in divorce, some believe it is prudent to engage in some premarital financial planning to avoid future disputes in the event something happens. Others see it as a safety net that will allow them to marry more quickly but have a contingency plan if the marriage does not work out.

There is nothing wrong with planning for contingency, including a problematic marriage, no matter how slight the possibility. Prenuptial agreements can be for a finite length of time. For example, you could choose to have an agreement that expires if the marriage survives a certain period of time.

Who Needs a Prenuptial Agreement?

Anyone can get a prenuptial agreement. The majority of people requesting a prenuptial agreement typically fit into one or more of the following three categories:

• Remarriage - When you have seen firsthand that not all marriages work out.
• Vastly different economic circumstances - When you want to protect your assets until you are sure that the marriage will work.
• Future dispute avoidance - When you want to be prudent and avoid costly litigation over property distribution if the marriage does not work out.
• Peace of mind - Marriage is big step. A prenuptial agreement can take some of the anxiety away by letting you know what will happen if it turns out that you and your future spouse are incompatible partners

How Can Eric Gansberg Help?

Prenuptial and postnuptial agreements must be drafted properly to be enforceable. In addition, they can be an obvious factor in a divorce.

We have more than 20 years of experience in handling family law matters, including drafting and litigating prenuptial and postnuptial agreements. In addition, we are a valuable resource for clients. Because of our experience and knowledge, we can assist clients in anticipating potential future disputes and helping them avoid those disagreements if the marriage fails.

Also, for more information about prenuptial or postnuptial agreements, or for assistance in preparing a nuptial agreement, or to discuss an existing nuptial agreement, please schedule a free confidential consultation by calling 718-447-3700 or filling out the intake form on the Contact Us page.

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