Skilled New York City attorney Prepare Effective Prenuptial and Postnuptial Agreements
Crafting documents to protect your financial interests in a divorce
Creating a thorough and well-thought-out prenuptial or postnuptial agreement can save spouses a tremendous amount of stress and worry over the shielding of certain assets in the event of a divorce. These agreements, entered prior to or after a marriage, can spell out how property will be divided, taking precedence over the equitable distribution process that otherwise applies in New York State divorces. To draft a document that will pass legal muster, you need the knowledgeable guidance of a team of seasoned attorneys. Goldberg Sager & Associates in Brooklyn has extensive experience practicing family and divorce law and the skills needed to prepare prenups or postnups tailored to your needs and desires.
We understand that there are many reasons you may wish to enter a prenuptial agreement. Examples are:
- You are wealthier than your partner — A prenuptial agreement can provide for specific dispositions of property to the less-wealthy spouse upon divorce while excluding that spouse from any other share of the other spouse’s assets.
- Your partner has accrued debt — You can protect yourself from being saddled with your spouse’s financial obligations after you divorce.
- You are remarrying —You can provide for the children of an earlier marriage, preventing your current spouse from compromising their shares of your assets.
- You own part of a business — Your business interests can be protected by an agreement that excludes specified assets from marital property.
- You are planning to quit your job to raise your children — You can establish your spouse’s consent to your being a stay-at-home parent or caregiver.
Prenuptial agreements have their limitations. They cannot be used to control child custody decisions or to enforce illegal terms or unfair conditions, such as requiring that a child be raised in a certain faith or that a spouse not gain weight above a prescribed limit. What they can do is provide for the support and education of children, the amount and duration of alimony and a spouse’s entitlement to share in retirement benefits, among other uses.
Postnuptial agreement lawyers help to safeguard your rights
Married couples often choose to enter postnuptial agreements when financial or other circumstances change after their union. Like a prenuptial agreement, a postnup can provide a detailed plan of how your property and assets will be handled if your marriage ends. You may wish to specify how alimony will be awarded, which party will control a family business or how children from a previous marriage will be provided for in the future. Whatever your reasons for considering this legal option, your skilled family law attorney can explain to you and your spouse how a postnuptial agreement can help resolve concerns, disagreements or uncertainties with respect to your assets and rights.
