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Pre-Nuptial and Post-Nuptial Agreements

The attorneys at the Law Offices of Nathan Pinkhasov, PLLC recognize while you are happy and blissful during contemplation of marriage, or shortly after marriage, in the case of a post-nuptial agreement, there are practical matters that should be considered with respect to your property and income rights, spousal support, etc. in the event that the marriage does not work out. The reality is that the divorce in New York is on the rise.  Long gone are the days when the idea of a pre-nuptial agreement was offensive and increasingly, couples are entering into such agreements before they marry to protect their hard-earned money and property. Not only does it protect your assets in the event the marriage fails, but it can also remove the pressure and burden on a couple insofar as the property and income rights have been pre-determined.

Pre-Nuptial Agreements:

Pre-Nuptial Agreements are entered into between partners who are contemplating marriage and are used to protect or waive rights and obligations that may otherwise be imposed upon the parties by a Court of Law should the parties separate or divorce down the road.  They may concern property, financial issues or children related issues. These agreements define the property rights of each of the prospective spouses during the marriage and in the event of separation, divorce or death, often limiting one or both parties’ rights to the other’s assets. This type of agreement becomes effective once the parties are legally married.

Pursuant to Domestic Relations Law Section 236, Part B, (3) such agreements are to include:  "(1) a contract to make a testamentary provision of any kind, or a waiver of any right to elect against the provisions of a will; (2) provision for the ownership, division or distribution of separate and marital property; (3) provision for the amount and duration of maintenance or other terms and conditions of the marriage relationship, subject to the provisions of section 5-311 of the General Obligations Law, and provided that such terms were fair and reasonable at the time of the making of the agreement and are not unconscionable at the time of entry of final judgment; and (4) provision for custody, care, education and maintenance of any child of the parties”
In other words, the Agreement must be fair not only at the time it was entered into by the parties after full disclosure of their assets, but also when any final determination by the court is made, for example, a final Judgment of Divorce or, in the case of Death, a determination as to the Decedent’s Estate assets. In order to help ensure that an Agreement will survive potential Judicial scrutiny down the road, and to protect against possible claims from an unrepresented party that they did not understand the agreement, it is recommended that both parties have separate legal representation during the negotiation, preparation and execution of the Agreement.  The experienced attorneys at the Law Offices of Nathan Pinkhasov, PLLC will create a pre-nuptial agreement that will protect your rights and survive judicial scrutiny.

Post-Nuptial Agreements:

Post-Nuptial Agreements are entered into between spouses and used to protect or waive rights and obligations that may otherwise be imposed upon the parties by a Court of Law should the parties separate or divorce down the road.  It may concern property, financial issues or children related issues, often limiting one or both parties’ rights to the other’s assets in the event of separation or divorce.

Like the Pre-Nuptial Agreement, a Post-Nuptial Agreement must be fair not only at the time it was entered into by the parties after full disclosure of their assets, but also when any final determination by the court is made, for example, a final Judgment of Divorce.   Let the knowledgeable attorneys at the Law Offices of Nathan Pinkhasov, PLLC prepare a post-nuptial agreement to protect your rights that will stand up to judicial scrutiny should the relationship deteriorate.

In order to help ensure that an Agreement will survive potential Court scrutiny down the road, and to protect against possible claims from an unrepresented party that they did not understand the agreement, it is recommended that both parties have separate legal representation during the negotiation, preparation and execution of the Agreement.