Post Nuptial Agreement
H. Michael Stern, Esq. a Long Island matrimonial and divorce attorney and mediator comments on post nuptial agreements.
It is always best to work out your differences rather than engage in embattled conflict in Court. During my 30 year career as a New York matrimonial and family law attorney and mediator with conveniently located offices in Garden City, Nassau County, Long Island. I can assist you in settling your matter.
A post-nuptial agreement is an agreement signed after the date of marriage by the parties to the marriage which has been properly acknowledged and notarized in the form which would enable a deed to be recorded. It is important to understand that a post-nuptial agreement does not alter the parties marital status. For example, the parties are not legally separated or divorced following the signing of a post-nuptial agreement. A post-nuptial agreement does not automatically cut off or terminate the accrual of marital assets and debt by the parties. However, it can settle every issue that a separation agreement or divorce stipulation (of settlement in a pending divorce action) would address, except consent to divorce. The issues that can be addressed include, but are not limited to: child custody and visitation; child support, spousal maintenance, property distribution, debt apportionment and insurance coverage. A properly prepared post-nuptial agreement, which comprehensively addresses each issue between the parties, should be sufficient to form the basis of a divorce settlement and meet the legal threshold under New York’s irretrievable breakdown of the marriage grounds for divorce DRL 170(7). An appropriately prepared post-nuptial agreement can also be converted to a divorce stipulation of settlement by a simple ratification agreement signed by the parties after the commencement of a divorce action.
It is always best to work out your differences rather than engage in embattled conflict in Court if it can be avoided. I can assist you in representation, negotiation and preparation of a post nuptial agreement.
I have been preparing post nuptial agreements for over 30 years, as a New York matrimonial and family law attorney and mediator.
My office is conveniently located offices in Garden City, Nassau County, Long Island NY.
If you believe a post-nuptial agreement is right for you, please contact me at email@example.com or 516-747-2290 to schedule a FREE CONSULTATION to discuss your legal needs.