What Constitutes a Valid Postnuptial Agreement?

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When you and your spouse tie the knot, various elements of your lives will become intertwined from where you reside and your name to your finances and children. As your marriage progresses, financial matters may become much more complex, prompting you to explore your legal options. In such cases, you may consider establishing a postnuptial agreement. If you are unsure about the nature of this legal document or the factors that make one legally binding, please continue reading to delve deeper into this topic and contact a trusted Suffolk County Prenuptial Agreement Attorney who can help ensure this document is deemed valid in New York. 

What is a Postnuptial Agreement?

Generally, when a couple decides to spend the rest of their lives together they may consider the legal avenues available for protecting their hard-earned assets. A prenuptial and a postnuptial agreement are both contracts that outline how a couple will divide their assets and financial responsibilities in the event of a divorce. However, a prenuptial agreement is signed before marriage whereas a postnuptial agreement is signed after.

Although it may be a tough discussion, it’s essential to consider establishing a postnuptial agreement because it can protect assets obtained during the marriage that constitute marital property. It allows couples to dictate what assets will remain separate during the property division process. There are various benefits to establishing this document, including ensuring that the person who is responsible for any debt accumulated during the marriage will remain responsible during the divorce.

What Makes This Document Legally Binding?

When establishing a postnuptial agreement, it’s crucial to adhere to the strict requirements that render this document legally enforceable. For this contract to be deemed valid, both parties must willingly enter the agreement. If a judge has any reasons to suspect one party was coerced into signing a postnuptial agreement, the terms will not be legally binding.

In addition, the courts will evaluate how fair the agreement is to both parties. If the agreement outlines terms that seem to favor one spouse, leaving the other with practically nothing, the court will likely render it invalid. As such, it’s vital to ensure your assets are divided in a just manner.

Furthermore, a postnuptial agreement will not be considered if it includes terms regarding child custody and support. This is because the court follows the best interest of a child standard. The court prioritizes the physical, emotional, and mental well-being of a child. Therefore, the court will consider the best arrangement for the child rather than what the parents desire.

The most effective way to ensure a postnuptial agreement is valid is to connect with a seasoned attorney from The Law Offices of Susan A. Kassel, PC when creating this contract. Connect with us today to learn how we can guide you through these complex matters.

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I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

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I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

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I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

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The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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