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Prenuptial and Postnuptial Agreements in New York

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Prenuptial and postnuptial agreements are made in order to make decisions regarding property and finances between prospective people. These agreements are enforced by law and help to avoid uncertainty if there was ever to be a divorce or death of a spouse. Agreements like these can be beneficial if one or both spouses have children from other relationships and would like to protect assets for their children in the future.

In order for either of these agreements to be valid they must:

Be written
Disclose all assets and debts of both parties
Be fair when entered into
Have signatures that are notarized
Follow public policy

Prenups are not solely for people with a lot of money, there are many reasons to draft this agreement, including:

To spell out property division to children from other relationships
To clarify financial rights and responsibilities during the marriage
To avoid arguments if you end up getting divorced
To protect yourself from debts of the other spouse

If you do not obtain a prenuptial agreement, state law will determine property division and alimony decisions if you and your spouse divorce. The process of property division in divorce can be time-consuming and costly. Drafting a prenup can save you the hassle of this process altogether. If anything, this agreement can provide you with peace of mind that there are arrangements in place just in case something was to happen between you and your spouse.

New York Postnuptial Agreements

This type of agreement is also termed "postnup" and this agreement is formed while spouses are married. Spouses oftentimes realize that they should have made a prenup and end up drafting the agreement during their marriage. A postnup is usually used if couples want to make arrangements for divorce or in case one spouse was to pass away.

This agreement can create provisions for any of the following issues that could come about:

Asset division
Child support
Alimony/ spousal support
Child custody
Visitation
Property division
Debt division

Prenups and postnups often carry negative connotations because people think to create this agreement you are doubting your marriage. In actuality, many people make these agreements to avoid uncertainty if one spouse dies. In order to avoid a long probate process, these agreements can make arrangements ahead of time. Prenups and postnups can be used if a couple foresees a divorce and wants to settle divorce issues ahead of time, but that is not the sole reason to draft an agreement.

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Have Questions?

We Have Answers!

Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?

The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.
What Are Grounds for Divorce in the State of New York?

In New York any of the following reason will qualify you for a divorce: complete marital division (no-fault divorce) for a period of at least 6 months, abuse, abandonment, prison time, cheating, or a period of legal separation.
My Child Is 6 Years Old, and My Former Partner Is Not Paying Child Support; Is It Too Late for Me to Seek Support at This Time?

No, it is not too late. Your child is entitled to receive child support until age 21, you can file for child support for the child at any time before the child reaches the age of 21. With that said, all cases fact sensitive and you may want to consult with Attorney Dow before filing an application.