Queens Prenuptial Agreement & Postnuptial Agreement Attorney

Premarital and postmarital agreement are known by many names: a premarital agreement or postmarital agreement, a prenuptial agreement or postnuptial agreement, a prenup or postnup, or an antenuptial agreement. However, they are all ultimately the same things: a contract which executed by two partners before or after marriage, which accounts for the spouses’ property, inheritance, liabilities, support, and/or custodial rights, among other things, in the event that there is a future dispute between them, and they choose to legally separate and divorce. While the concept of a prenup or postnup may sound scary, or it may be off putting because you feel it signifies a lack of trust between the parties, it is actually an incredibly responsible step two spouses who love and respect each other take so that, in the event of any issues in the future, the spouses have an understanding of how property, inheritance, support, and/or custodial rights and everything else addressed in the premarital or postmarital agreement will be dealt with in the event of divorce. 

Why You Should Get a Premarital Agreement or Postmarital Agreement

It is understandable that people do not want to approach their husband or wife to discuss what happens if their marriage ends when embarking on a new chapter; however, it is almost, if not always, better to discuss what happens to everyone’s assets and liabilities, how support and custody will work, and what rights and obligations each spouse would have when separating when everyone is in a good place, on good terms, and has no real fear of that happening. People do not get married to get divorce; however, divorce does happen is a real possibility in the world we live in. Divorce is an incredibly painful process no matter what the circumstances are, so having a prenup or postnup agreement can help avoid time, expense, and inconvenience of having the same discussions about assets, liabilities, how support and custody work, and what rights and obligations you and your spouse have when you are not necessarily on good terms. Divorce can be incredibly expensive, and a postnuptial agreement or prenuptial agreement can actually be a way to mitigate those expenses and costs since you will already have a plan to which both parties agreed.

Also, the best part of antenuptial agreements is that if you never separate or get divorced, they never take effect. They’re like an insurance policy if something happens to go wrong. They are not compulsory instruments that assure you will have a divorce or separate from your husband or wife. The point a prenuptial agreement or postnuptial agreement is to ensure that both spouses feel secure and have peace of mind that if anything were to happen, they would know what happens next and potentially avoid a long, drawn out, expensive divorce proceeding.

Suri Law recommends our clients think of premarital and postmarital agreements like any other business contract – you write provisions in the event that there is some breach of contract or default to be safe. Not because you think or hope the other party breaches or defaults, not because you believe the other party will breach or default, but because if that were to happen (1) it will be clear what would cause breach or default to occur, and (2) in the event of breach of default, the non-breaching/non-defaulting party has assurance that it can be made whole or recover damages under the contract’s provisions.

Remember: You Already Have an Antenuptial Agreement, So It Is Better to Define Your Own Terms

It is important to remember that you technically have a prenup or postnup whether or not you wanted one – all of the New York’s laws relating to divorce and what happens in the case of separation or divorce function like a premarital or postmarital agreement, and you are legally bound by those terms absent you and your partner deciding on your own terms in an antenuptial agreement. Hence, Suri Law strongly advises clients to consider prenuptial agreements or postnuptial agreements. You are better off setting your own terms than leaving to chance how things shake out under New York State laws. Having tough conversations is a part of relationships, and taking the time to set your own rules in the event of a divorce can set couples up for success regardless of what happens in their relationships.

Understanding Antenuptial Agreements

There are two types of antenuptial agreements: premarital agreements (aka prenuptial agreements) and postmarital agreements (aka premarital agreements). For the most part these agreements are the same, the only difference is the timing of when they are executed – before or after marriage. Premarital agreements are signed before marriage and postmarital agreements are signed after marriage. Other than that, the substance they contain is basically the same. Some of the key information which need to be included are

• Basic biographical information;
• Each spouse’s marital history;
• Each spouse’s age at the time of marriage;
• Each spouse’s assets, liabilities, and current employment status and information;
• Any future interest which may affect either spouse’s current assets or liabilities and would have an effect on the agreement;
• Where either or both spouses have children, various information relating to custody, expenses, support, visitation and other matters;
• The intent of the agreement; and
• Identifying whether there is consideration for the agreement, and, if so, what.

Additionally, it is important to including details and facts relating to the circumstances around the agreement, such as whether there is any indication that the agreement is unfair or one-sided or whether there is any indication of fraud, undue influence, or duress by either party which would void the agreement. It is not uncommon for prenuptial or postnuptial agreements to be voided by a court of law, so it is important to retain an attorney who can help you carefully craft, negotiate, and finalize a prenup or postnup with which you are comfortable.

How an Attorney Can Help You with Your Premarital Agreement or Postmarital Agreement

While an attorney’s role in this process may seem obvious, there are actually numerous ways in which you can work with an attorney on your prenup or postnup:

• Consultation: our New York business law attorney can help you decide whether a prenuptial or postnuptial agreement is right for you, and, if so, help you identify not only the matters which should be addressed in your agreement but also with planning and preparing for the process of writing the agreement.
• Drafting: We draft custom prenuptial agreements and postnuptial agreements which are tailored to our clients’ needs, capture the spirit and intention of what you and your spouse envision for your agreement, and are comprehensive so that you do not have to worry about anything being omitted. As a part of the drafting process, we ensure that both spouses’ assets are accounted for with detailed consultations and background searches. We also take care to draft an agreement that is likely to be legally enforceable; many antenuptial agreements are thrown out in court because they are badly written, fraudulent, improperly executed, unfair, or unconscionable, among other reasons. We take great care in drafting the agreement and advising you throughout the process so that you have a chance of your agreement holding up in court if the agreement ever needs to be enforced.
• Review: We can review a premarital or postmarital agreement proposed to you by your husband or wife to help you understand to what you are being asked to agree and sign. We can assist with interpretation and negotiation of the agreement so that you do not sign anything which you do not understand or to which you do not agree.

Prenuptial agreements and postnuptial agreements are a sensitive topic. It can be difficult when getting engaged or married to envision yourself separating from your love and contemplating what would happen to assets, liabilities, support, custody, etc.; however, having a conversation and coming to an agreement at a time when you are in a good place is not only responsible but will set your relationship up for transparency and trust. We at Suri Law are here to help you navigate this process so that you and your partner can be on the same page and protect yourselves.

Call Suri Law today at (212) 444-8244 to schedule a free initial consultation.