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A postnuptial settlement is a written contract implemented after a couple gets married and is different from a prenuptial agreement which is done before marriage. A postnuptial agreement is drafted to help resolve affairs and assets if the couple separates or gets a divorce. Although different from a prenuptial agreement, the two kinds of arrangements have several provisions in common including provision for property division, child support, spousal support and other marital issues in the event of the death of one of the spouses or divorce.
There exist several types of postnuptial agreements that a couple can agree to, about what they aim to achieve. A couple can agree to separation agreement which is implemented by spouses who intend to separate or divorce or a postnuptial agreement executed by a couple who don’t expect to divorce, but will continue with marriage and live together. The reason for implementing such a settlement is so that they can define each other’s financial legal privileges and document how to distribute their assets and liabilities amongst themselves. This post is going to focus on a separation agreement – done with an intention to separate and divorce.
Laws Governing Postnuptial Agreements
According to legal procedures in Manhattan, any settlement agreed to by two parties, whether made before or after the marriage is valid and shall be imposed in a civil union if it is in writing and subscribed to by both sides. Additionally, the agreement is enforceable if proven and acknowledged following the required manner of entitling a deed or a legal document. All this sounds easy said and easy done, but the truth is, it is not easy to settle such an agreement as conflicts and disharmony can arise leading to disputes between couples in the process of drafting a postnuptial agreement.
However, with the help of postnuptial attorneys, parties can come up with a suitably drafted postnuptial agreement that defines and protects the interests and rights of both of them. Entering into such a contract for couples, therefore, need not raise and be a source of conflict between them. With the legal guidance of a knowledgeable and experienced lawyer, a postnuptial agreement can be a reasonably easy solution that can be applied to prevent future marriage disputes in the event of a divorce
Finding a Postnuptial Agreement Lawyer
If you and your spouse are in Manhattan and its environs and are considering a postnuptial agreement, the foot forward is to contact a postnuptial attorney. Postnuptial lawyers have got the skills and experience necessary to guide and help you come to an agreement that is fair to both your rights and interests. If the two of you have issues that you may not be agreeing on, a postnuptial lawyer will help you resolve and deal with them so that they don’t become your reason for not settling in together. Furthermore, a postnuptial agreement is an enforceable contract, and it is critical to understand its requirements and scope. A postnuptial lawyer will help you do that.
There are many reasons as to why a couple can agree to a separation agreement. Many couples agree to it to be able to resolve conflicts in the event of a divorce. Others do it after one spouse receives a promotion, colossal inheritance or their financial status increases.