Pre-Nuptial and Post-Nuptial Agreements

Pre-Nuptial and Post-Nuptial Agreements

Before or after you get married, New York permits couples to enter into an agreement concerning financial matters. We can counsel you as to whether such an agreement would be beneficial. A pre or post-nuptial agreement may be advisable if one spouse has substantial pre-marital assets or plans to operate a pre-marital business during the marriage. These agreements also can address issues related to estate law. When appropriate, we can coordinate with your trusts and estates counsel in order to achieve terms that will fully protect your interests.

What is a prenuptial agreement?

A prenuptial agreement, also called a premarital agreement or “prenup” establishes the boundaries of your finances and properties in regards to your partner before you legally bind your marriage. Many people are not thinking about divorce when preparing to get married, but a contingency plan can be beneficial to all parties involved if a separation were to occur. We can help you to plan out how your assets will or will not be divided in the event of a separation or divorce by negotiating a legally binding prenuptial agreement.

We can help you to determine whether or not a prenuptial agreement may be beneficial to you before your marriage. There are also items that cannot be included in any prenuptial agreement. We will make all of these clear to you to help you navigate the process of creating a beneficial premarital agreement for both parties. We will also ensure that you won’t be tied up with common errors that can make your prenup invalid.

What is a postmarital agreement?

A postmarital agreement, also known as a postnuptial agreement, is nearly identical to a prenuptial agreement in that it resolves certain financial issues that may arise in the event of separation, divorce or death. It differs only in that it is executed after you are married. Because it is executed after marriage, couples might execute a post nup for different reasons than they would execute a prenup. For example, couples working through marital issues such as addiction or infidelity might want to execute a postnup to protect their finances while they work on their marriage.A postmarital agreement also can be beneficial with issues concerning estate law.

Postmarital agreements can be tricky, but that’s why Greenblatt Law is here to help. There are many things that you may not be able to include in a postmarital agreement. We are familiar with New York state law and how this may affect you and your partner. Greenblatt Law has your best interest at heart and we will do our best to make agreements that are fair to both parties.

Contact us today if you are interested in pursuing a prenuptial or post marital agreement.