Under New York law, a pre-nuptial agreement is simply an agreement between two people that includes, but is not limited to, the division of assets, issues of custody and visitation, maintenance and child support in the event of divorce. Pre-nuptial agreements, as well as separation agreements are governed by contract law in addition to the Domestic Relations Law.
Ketover and Associates’ family law attorneys can prepare a properly executed pre-nuptial agreement. Our family law experts will guide and counsel you through negotiating and drafting the pre-nuptial agreement while addressing all of your concerns including but not limited to:
- Assets brought into the marriage
- Disposal of assets in the future
- Children from prior marriages
- Estate planning concerns
- Protection of family or small businesses/enterprises
After the marriage has taken place, a post-nuptial agreement may be considered if one spouse inherits assets, starts a business, has a substantial increase in income or decides to separate. In every agreement, we ensure that there is full disclosure of assets and debts so that the agreement will be difficult to challenge or voided in the future. We will create a valid and enforceable pre- and post-nuptial agreement that will protect your rights and interests. In most cases there are tax consequences of specific asset division agreements to consider. Our attorneys will provide access to certified public accountants that will advise you of all potential tax consequences of your agreement.
If you are contemplating a separation from your spouse, a legal Separation Agreement is the easiest and most affordable way to effectively resolve your marital issues in writing. A Separation Agreement will settle in writing all of your marital issues, thus protecting you and your spouse up until you decide to divorce. Most separations last much longer than expected, so it is essential that important issues like financial matters, property and debts, custody, visitation, and support are expressed in writing in a legally binding agreement.
A well written pre, post-nuptial or separation agreement will protect your assets and also provide certainty in what may happen in the event your marriage dissolves.