bronx Postnuptial Lawyers
Unlike a prenuptial agreement, which covers financial issues before the marriage, a postnuptial agreement is a written agreement that addresses asset allocation, property distribution, child support and more. These agreements have gained a great deal of popularity over the last few years. A survey of lawyers conducted by the American Academy of Matrimonial Lawyers (AAML), more that fifty percent of respondents say they have seen a spike in the number of clients seeking a postnuptial agreement. If you need to find out more about about these types of agreements and how they can be beneficial to you, find an experienced divorce attorney in your area.
Under New York law, the legal postnuptial agreement states that if the agreement was made during the marriage and in writing, it is legal. Postnuptial agreements can be very uncomfortable at times. A lot of resentments and hidden emotions may come bubbling to the surface.
There are a number of reasons why people may want to set up a postnuptial agreement. Most include a change in circumstances that happen during marriage:
A change in finances. There could be a sudden increase in wealth like an inheritance. If this happens, a postnuptial agreement will clarify which is marital property and which is not. The same goes for an accumulation of debt. A postnup with clarify the allocation of debt and show what who needs to pay.
Breach of trust. This is when a serious breach of trust or an infidelity happens in the marriage. A postnuptial agreement can be utilized to help save the marriage.
If you need additional guidance regarding postnuptial agreements, find an experienced divorce attorney who can educate you on the issues. There are a number of issues that can be addressed in a postnuptial agreement. Some include:
- Distinguishing between marital property and separate property. According to New York law, any assets accumulated by spouses before the marriage is not subject to division. A postnuptial agreement should clarify this.
- Defining marital property. A postnuptial agreement can clarify what items you want as marital property.
- Spousal maintenance. The agreement will validate which spouse will receive spousal support and for how long.
- Debt allocation. The postnuptial agreement will show which party accumulated the debt.
- Custody and visitation. The postnuptial can also address these issues. If not, the court will address them.
The goal of a postnuptial agreement is to ensure that both party have goals that are met. This will keep the parties from squabbling over who gets what when the divorce takes place. If you are in need of a postnuptial contact one today. It is imperative that both parties have proper representation.
Postnuptial agreements are perfectly legal under New York law. It has many advantages, and in most cases, takes the sting out of the divorce proceedings. A postnup lawyer will help guide you through the process so you will understand the ramifications of drawing up a postnuptial agreement.
An experienced attorney can draft a postnuptial agreement so that is legal and effective. There are a number of Bronx postnuptial attorneys that will give you the best representation available. Call a skilled attorney today for a free consultation. You will need a strong advocate on your side to ensure you get treated fairly.