Postnuptial Agreements

New York POSTNUPTIAL AGREEMENTS CAN HELP RESOLVE DISPUTES DURING MARRIAGE.

Why Choose a Postnuptial Agreement in NYC? Alleviating Money Disputes

Postnuptial agreements are not as well-known as prenuptial agreements, but they serve much the same purpose. Both types of agreements get couples to discuss and resolve financial issues. The major difference is timing since post-nuptial agreements are signed at some point after the wedding during the marriage. Most couples who decide on a post-nup are often otherwise happily married. Money or property simply is the primary source of conflict for them.

Unlocking the Benefits of Postnuptial Agreements in NY

Financial matters are one of the biggest causes of conflict in marriage. Unfortunately, many couples are uncomfortable discussing money because of fear, shame, lack of understanding of finances or other reasons. As a result, they end up fighting as opposed to working together to achieve their goals. A post-nuptial agreement can help by forcing spouses to raise important financial concerns. During the process, they must decide on issues such as how to handle separate and joint income, expenses, assets, and debts during marriage and in the event of death or divorce. A post-nup can also set out rights to spousal support during and after the marriage.

These issues are particularly important if there is a big income and/or asset disparity between the spouses, one parent stops working to raise children, or there are children from a prior marriage. However, a post-nuptial agreement can help any couple. Through a well-drafted and considered post-nuptial agreement, spouses can effectively establish their own standards in the event of a divorce or death, instead of allowing the law and the courts to dictate what they can or cannot do with their assets.

By defining these terms clearly, you retain control over your financial future rather than leaving it to a judge’s discretion under New York’s equitable distribution laws.

What Are the Requirements for a Valid Postnup in New York

To be legally enforceable in New York, a postnuptial agreement must meet strict statutory requirements under Domestic Relations Law § 236(B)(3). It is not enough to simply sign a piece of paper. The agreement must be:

• In writing.
• Subscribed (signed) by both parties.
• Acknowledged in the manner required for a deed to be recorded.

This “acknowledgment” requirement is critical; simply notarizing the document may not be sufficient if the specific language and formalities required for recording a deed are not followed. Additionally, the agreement must be entered into voluntarily, without fraud, duress, or coercion, and cannot be unconscionable (extremely unfair) at the time of entry.

Let’s talk about how a post-nup can help you.

A post-nuptial agreement can be an effective tool to address concerns over money while you have a solid marriage and are committed to resolving problems together. However, like any contract, it should be negotiated and reviewed by an experienced attorney who can protect your interests. If you are considering a post-nuptial agreement, please contact our NYC office to find out how we can help.

If you are not married yet, learn more about prenuptial agreements.

Frequently Asked Questions About Postnuptial Agreements

Q: Can a postnup determine child custody or child support?
A: No. While a postnup can address financial matters related to the spouses, New York courts retain the final authority over issues involving children. Custody and support are determined based on the “best interests of the child” at the time of the separation or divorce, so clauses pre-determining these issues are generally unenforceable.

Q: Is a postnup valid if we don’t have separate lawyers?
A: Having one spouse unrepresented significantly increases the risk that a court could invalidate the agreement later. One attorney cannot represent both parties because a conflict of interest would arise in that event. To ensure the agreement is upheld, it is strongly recommended that each spouse retain their own independent legal counsel to review the terms.

Q: Can we write our own postnuptial agreement?
A: Technically yes, but it is risky. New York law requires specific formalities (such as the deed-like acknowledgment) that are easily missed by non-lawyers. If these technical requirements aren’t met, the entire agreement may be declared void. Also,there are potential legal risks that the parties may assume if counsel is not included in the drafting of the prenup.