Pre-Nuptial & Post-Nuptial Agreements
A prenuptial (“prenup”) is a private agreement between a couple contemplating marriage. The couple arranges, in advance, financial matters in the event of divorce or death, such as student or business loans, credit card debt, and support obligations. A prenup may also include lifestyle or nonfinancial topics as well. A postnuptial agreement (“postnup”) is a private agreement a couple enters into after marriage. The postnuptial agreement covers the parties’ wishes related to divorce, the death of a spouse, finances, and lifestyle topics. A postnup is drafted with the intention of protecting and furthering an ongoing, viable marriage. A prenup is often times regarded as a positive way to establish communication about money and other matters in a relationship. It is an opportunity for a couple to create understanding about lifestyle choices and expectations. A prenup should be fair to each partner and should suit your individual needs. In the event of a divorce, you and your partner minimize the chance for adversarial proceedings or a protracted and painful court battle since your desires and intentions will already be made clear in the agreement.
In New York, one of the seven grounds upon which you may commence an action for divorce is that you have been living apart in accordance with a separation agreement. Similar to the pre-nuptial or post-nuptial agreements, a separation agreement is a written contract. This type of contract allows the parties to resolve based on their mutual agreement many of the issues litigated in a divorce, without having commenced the actual divorce. Often times, a couple may experience difficulties in their marriage and feel the need to take some time apart from one another. A separation agreement allows the parties to live apart, according to the rules in the agreement, while they determine what is best for them and their family. It also permits the parties to file joint tax returns and keep in place medical insurance coverage that may terminate for one of the parties in the event that a divorce is commenced and resolved.
Divorce can be painful and confusing under even the best of circumstances. The laws, procedures, paperwork, and emotions can be very overwhelming. Having an attorney that can help you navigate your way through the legal process can help to alleviate the unnecessary stress that comes with litigation. This office dedicates the entirety of its practice to matrimonial and family law and the negotiations that go hand in hand with divorce. For many of our clients, their divorce is their first experience with the legal process. We are able to assist you with understanding the divorce process and explaining each step so you know what to expect. We will answer your questions as they arise and we do so in a prompt fashion so as to not leave you wondering or worrying. The process of getting divorced is stressful on it’s own; your attorney should assist in alleviating some of that stress by being responsive to your questions and by explaining the potential outcomes of each decision you make along the way.