Postnuptial Lawyer New York, NY

A post-nuptial agreement covers many of the same issues as a prenuptial agreement, namely, how assets and debts would be divided in a divorce, and whether spousal support would be paid (and under which conditions). If the couple has joint business interests, then the postnuptial agreement may cover the business division or its operation after a divorce.

If the couple has shared children, though, a postnuptial agreement will not cover child custody or support. Those issues are determined according to what is best for the children, which would be established at the time of a divorce. However, if one or both spouses have children from a previous marriage, then the postnuptial agreement can include provisions for them.

Both pre-and post-nuptial agreements separate between marital and separate property, but a postnuptial agreement is trickier because often, separate assets are commingled with marital assets and, therefore, become marital property. Not every estate planning lawyer has the skills to draft a post-nup that can stand up in NYC court if you divorce, so it’s essential to select one who has the experience and knowledge to protect you.

How Can A New York Postnuptial Lawyer Protect You?

Your lawyer helps you in multiple ways. First, they educate you about what a postnuptial agreement can and cannot do and offer advice about handling things like comingled separate and marital property or how to create a parenting plan in the best interests of your children.

They can also ensure that the agreement does not unfairly favor one party over another or avoid factors like coercion or fraud. In either of these situations, a judge could invalidate the agreement during divorce proceedings, so you’d be back to negotiating equitable property division according to New York law.

Post-nups must be fair; otherwise, there’s a good chance they’ll be dismissed. A good attorney can protect your interests while still working within the boundaries of the law.

The skills of a talented New York, NY, postnuptial lawyer from the Law Office of Daniel Clement, can ensure that your postnuptial agreement protects your interests and assets and shields you from debt accrued by your spouse. We follow New York and federal laws to ensure it won’t be invalidated should your marriage end. Contact us today to learn more.

Very knowledgeable. Daniel made things much easier in my custody case. He helped me to prepare and with his recommendation we avoided going thru the pain of a trial.
Thanks a lot Daniel!

– Felipe R.