Parties contemplating marriage can enter into an agreement called a prenuptial agreement and clearly define their financial and other rights and obligations relative to each other.  Many couples want to make clear how their pre-marital assets will be treated, ensure estate rights for children from a prior relationship, ensure that their continued educational studies will not become a marital asset, make arrangements for anticipated inheritances and otherwise make clear their respective rights and obligations.

Parties already married can enter into an agreement called a postnuptial agreement to define their rights and obligations relative to each other.  A post nuptial agreement can cover the same issues as a prenuptial agreement.

“A prenuptial agreement or postnuptial agreement is a good way to make clear your rights and obligations and avoid uncertainty, dispute and the emotional pain and suffering that having a court determine your rights would entail.”

Under New York State Domestic Relations Law, the regulations for a prenuptial and postnuptial agreement are very strict.  When the agreement is properly drafted and executed, however, it is a fully enforceable contract to which the court must adhere in any marital disputes.

Prenuptial and post nuptial agreements can contractually determine between the parties the following issues:

• Distribution of assets and debts;
• Treatment of pensions and other deferred compensation accounts;
• Custody of children;
• Amount of child support;
• Amount and term of maintenance (alimony) or a waiver of the same;
• Rights to the estate of a spouse;
• Treatment of enhanced earnings capacity due to continued education; and
• Other rights relative to the marital relationship

Many times parties find it advantageous to make arrangements by either a Prenuptial Agreement or Postnuptial Agreement rather than leave the issues to be determined by a court if there is a breakdown in the marital relationship and a subsequent action for divorce or separation.

If you are contemplating entering into a prenuptial or postnuptial agreement, or if you have received a letter from an attorney or a request from your significant other to enter into a prenuptial or postnuptial agreement, you should consult with experienced matrimonial attorneys without delay so you can determine and protect your legal rights.

The lawyers at the Law Offices of Paul A. Boronow, P.C. have been drafting, negotiating and enforcing prenuptial and postnuptial agreements across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results.  We are aggressive and dedicated and remain a mere phone call away.

CALL TODAY FOR A FREE CONSULTATION.