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A prenuptial agreement is a legal contract between two parties who are engaged and are about to become married. A postnuptial agreement is a legal contract between two parties who are married. A “marriage contract” is a general term for any agreement in which the parties attempt to define their rights, responsibilities, and obligations regarding various issues, including but not limited to, property ownership and entitlements, property division, support and other ancillary matters in the event of a divorce.
Thus, for example, parties can, in advance, determine what levels of alimony or spousal support (also known as maintenance in New York) will be required upon a divorce. Similarly, in the event of a divorce, parties can determine how to split parcels of real estate or real property. If the parties own business interests, they can figure out how to divide them or include buy-out provisions. Effectively, a divorce action becomes streamlined because the parties will have determined how to resolve all of their outstanding issues.
These agreements are becoming increasingly popular, particularly with more people getting married later in life when they already own property or assets, or between those married previously with children from the prior relationship. It is important to remember that a prenuptial agreement or a postnuptial agreement is not a sign that your marriage will end or that your spouse does not trust you. Often these agreements are very useful and can provide both spouses with peace of mind and financial security for the future. If you need help creating or looking into any of these types of agreement consult a Long Island divorce lawyer from our firm today!
Contact a Long Island divorce attorney!
However, there are a significant amount of rules and requirements involved in drafting these types of agreements. A pre-nuptial agreement that is not drawn properly, or fails to include statutory provisions will be rendered useless, ineffective and unenforceable. The last thing you want is to have an agreement that defines your rights, obligations and entitlements to be determined unenforceable and null and void because of a failure to have set forth specific statutory language.
Contact my firm today at 888-543-4867 so we can discuss these important matters and so that your agreement can be properly drawn in accordance with standard practice and statutory and legal requirements.