Pre-nuptial & Post-nuptial Agreements in New York

Our law firm specializes in preparing both Pre-nuptial Agreements and Post-nuptial agreements for clients that comply with the requirements of New York State Law. We provide you with this information to assist you in selecting our law firm as your attorney to assist you in completing a Pre-nuptial or Post nuptial agreement. If you have any questions related to the information provided herein, or would like to schedule a consultation with Susan Caplin, Esq. then please call us at (914) 244-3300.

About Pre-Nuptial Agreements?

A prenuptial agreement — sometimes referred to as a “prenup” or a “premarital agreement” — is an agreement signed by a couple prior to marriage. The agreement determines how the couple's assets will be divided if they divorce and may set the amount of alimony paid by the high-net-worth partner. It may also impact the division of an individual's property upon death.

Prenuptial agreements are advisable under a variety of circumstances. As a general rule of thumb, the wealthier you are, the more important it is to have a prenuptial agreement. The division of assets can be overridden by a prenuptial agreement, which is why this legal instrument is popular with high-net-worth individuals.

Pre-Nuptial Agreements and Your Prospective Spouse

A prenuptial agreement is a contract signed by a couple before their marriage that specifies how they will divide assets upon divorce or death. Sometimes a prenuptial contract may also set forth certain terms of the couple's life together. A prenuptial agreement, sometimes called a “prenup” or a “pre-marital agreement,” is usually a good idea, especially when one or both partners have children from a prior marriage.

Post-nuptial Agreements

A Post-nuptial agreement is differs from a Pre-nuptial agreement as Post-nuptial agreements are entered into after a couple are married and also set forth an agreed to distribution of property in the event of a divorce.
People enter into post-nuptial agreements for a variety of reasons. For instance, if one spouse is about to enter a business, their partners may require them to sign a post-nuptial agreement. As a precondition to entering the partnership, a person may be required to enter into a post-nuptial agreement stating that if they separate or pass away, their spouse will not make a claim on the business. This will allow the partners to be assured that a separation or death does not interfere with the running of their business. This requirement is particularly common in family businesses and in the financial community. Some other good reasons why a couple should have a post-nuptial agreement. These include: second marriages with assets and no prenuptial agreement and also for estate planning purposes.
A post-nuptial agreement is also generally useful in many of the cases where a pre-nuptial agreement is useful, but you don't have one. It is important for you to speak with an attorney regarding the use of Pre-nuptial and Post-nuptial Agreements and their preparation to ensure that they can be enforced in the event of a divorce. We will discuss your options and gather information to create an effective strategy to help you prepare an enforceable Pre-nuptial or Post-nuptial agreement.
For a consultation please contact our law firm at (914) 244 3300.