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Postnuptial Lawyer New York, NY

Postnuptial Lawyer New York, NY

Postnuptial agreements can give you and your spouse peace of mind regarding your assets and financial future in the event of a separation or divorce. Drafting a postnuptial agreement doesn’t mean that you believe your relationship is doomed to fail, nor should it seem like a divorce bell tolling if you propose one after you’ve tied the knot. Couples create postnuptial agreements for a variety of reasons. Perhaps they wish to ensure that assets transfer to children one person had before marriage, or maybe one spouse’s financial status changes, and they wish to protect themselves. An experienced New York, NY, postnuptial lawyer from the Law Office of Daniel Clement, can help you understand your options under New York law.

Post Nuptial Agreements In New York City

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.

What Our Clients Say

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.


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New York, New York 10016
(212) 683-9551
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Are you in search of a family law attorney in NYC to guide you through your next stage in life?

Want to chat about your specific situation?
Fill out the form and Daniel will call you.

Client Review

“Daniel is a highly skilled professional whose experience and emotional support were key enable me navigate and successfully go through what can be a challenging and stressful process at times. I am very grateful for his prompt responsiveness always, his commitment to protecting my interests and efficiency at getting my divorce finalized. I definitely recommend.”
Thomas Sczyrba
Client Review



Daniel Clement

The Law Offices of Daniel E. Clement

Daniel Clement graduated from Brooklyn Law School and the State University of New York at Albany. With over 35 years of experience, he has been a member of the New York City Bar Association and the Matrimonial Committee. In addition, he has worked as an Arbitrator in the Small Claims Court of the City of New York. 

Known for his straightforward yet savvy approach to law, he specializes in multiple areas of family law including divorce, how to protect assets in a divorce, child custody, prenuptial agreements, property division, maintenance/alimony, and high net worth divorce. Clients hire Daniel for the personal attention, hard work, street smarts, and excellent value he brings to each case.

An accomplished attorney, Daniel also lectures and writes for various publications, including a blog entitled the “New York Divorce Report” and has co-authored the book, “Onward and Upward: Guide to Getting Through New York Divorce and Family Law.”

The information contained in this website has been provided for general informational purposes only and DOES NOT constitute legal advice; there is no warranty on this information and it does not in any way constitute an attorney-client relationship. Prior results do not guarantee a similar outcome. All individuals are encouraged to seek independent counsel for advice regarding their specific situation and facts. 


Further, e-mails or other correspondence with any member of this firm does not create an attorney-client relationship without the explicit written agreement between the parties

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