Marital Agreements

Marital Agreement Attorney on Staten Island, New York

When you are planning to get married, it is important to consider your future and what will happen if the marriage does not work out. You may want to protect yourself financially in the event of a divorce or the death of your spouse. Marital agreements, also called prenuptial agreements or antenuptial agreements can help you do this.

Many people have excellent reasons to develop and form a prenuptial agreement that settles potential marital disputes before they arise. I have handled this entire legal process for many New Yorkers in a range of financial circumstances. I encourage you to contact me to discuss exactly what you will require.

As in other areas of family law, understanding your goals and priorities is critical to drafting a prenuptial agreement — or, technically, a postnuptial agreement if you are already married and have decided you need such a document. This process hinges on considerations such as:

  • How detailed do you want your prenuptial agreement to be in its coverage of issues like property distribution
  • The value and complexity of the assets you want to address and protect within the prenuptial agreement
  • Special considerations or unique clauses you want to be included

Legal representation is very important when creating a prenuptial agreement. My role as your lawyer is to listen carefully to your goals and priorities and then proceed to develop an agreement that is sound in every respect. I strive to provide my clients with solid marital agreements that will hold up under legal challenges

Post nuptial Agreements

Post nuptial agreement is similar to a prenuptial agreement, but they are executed after the marriage has taken place. Like prenuptial agreements, post-nuptial agreements can address a wide range of financial and property-related issues, including spousal support/alimony, property division, and debt allocation.

Some couples execute post nuptial agreements to handle financial issues that arise during the marriage, such as one spouse taking on a large amount of debt or starting a new business. Others use post nuptial agreements to deal with infidelity or other relationship issues. No matter what your reason is for wanting a post nuptial agreement, I can help you draft a legally binding document that meets your needs.

I understand that post nuptial agreements can be sensitive topics for the couple, which is why I approach every case with discretion and sensitivity. I will work closely with you to ensure that your best interests are protected throughout the process.

Separation Agreement

This is a contract in which you and your spouse agree to live apart and apart without getting divorced. The agreement sets out the terms of the separation, including how both parties will handle finances, property division, property rights, child custody, and visitation. Separation agreements can be helpful for couples who want to resolve their differences without going through a lengthy and expensive divorce process. All contracts must be in writing and signed by the two party to be legally binding.

As a family law attorney, I can help you draft a separation agreement that is tailored to your unique situation, and that meets all of the legal requirements. I will also review any agreement drafted by your spouse’s attorney to make sure that it is fair to you and protects your rights.

Marital Settlement Agreement

A marital settlement agreement is a written contract that is signed by both spouses and is used to resolve all issues in a divorce, including property division, child custody, child support, and spousal support. Once the agreement is signed, it is filed with the court and becomes part of the divorce judgment.

If you are considering a divorce, it is important to have an experienced marital settlement agreement lawyer on your side. I can help you navigate the process and ensure that your rights are protected. I will work with you to understand your goals and objectives and then draft an agreement that meets your needs.

I understand that divorce can be a difficult and emotional time for couples, which is why I approach every case with compassion and sensitivity. I will do everything in my power to help you reach a fair and equitable agreement.

Prenuptial Agreements Are Not Only for the Wealthy

Whether you have been through a previous divorce or simply want to be realistic about all possibilities, forming a prenuptial agreement can be an excellent decision. A contested divorce can be tremendously stressful and costly, whereas agreeing on what will happen should the marriage end may be neither of those. Many couples see it as a practical way to deal calmly and fairly with important issues.

You do not have to be rich for a prenup agreement or a postnup agreement to make sense for you. Perhaps you are just cautious and realistic or feel very strongly about avoiding future disputes. Whether you want a detailed prenuptial agreement covering extremely valuable assets or a basic document that establishes clear guidelines if divorce arises in the future, please contact me for capable legal counsel and consultation.

Frequently Asked Questions

A prenuptial agreement also called a “prenup” or “antenuptial agreement,” is a legal contract between two people who are about to be married. The purpose of the agreement is to establish each person’s rights and responsibilities in the event of a divorce or death. The contract outlines each person’s financial rights and obligations during the marriage and what will happen to their assets and debts if the marriage ends.

There are many benefits to having a prenuptial agreement, including:

  • Protecting your assets and property in the event of a divorce or death;
  • Clarifying financial responsibilities during the marriage;
  • Reducing the risk of conflict and expensive litigation if the marriage ends;
  • Peace of mind knowing that your financial interests are protected.

You may want to consider a prenuptial agreement if:

  • You have significant assets or property, such as a house, investment accounts, or a family business;
  • You have children from a previous relationship;
  • You are marrying someone with significant debt;
  • You want to protect your inheritance rights;
  • You want to ensure that your spouse does not receive a portion of your pension or retirement benefits if you get divorced.

It is strongly recommended that you consult with a divorce lawyer to draft your prenuptial agreement. A lawyer can help you understand your rights and obligations under the law and ensure that the agreement is fair and equitable for both parties.

Yes, a prenuptial agreement can be modified or amended at any time after it is signed by both parties. However, any changes must be made in writing and signed by both parties.

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