PRENUPTIAL & POSTNUPTIAL AGREEMENTS
Prenuptial & Postnuptial Agreements

PRENUPTIAL AND POSTNUPTIAL AGREEMENT ATTORNEY
IN WESTCHESTER COUNTY, NY

White Plains, NY firm helps protect your future as alimony (maintenance)

Prenuptial and postnuptial agreements spell out what happens when a marriage ends because of divorce or the death of a spouse. The agreements can address financial issues such as life insurance, trusts and the division of marital property. Prenuptial agreements are signed before the wedding. Postnuptial agreements are signed during the marriage.

Marital agreements aren’t just for the wealthy. They are used by pragmatic adults of all income levels who wish to minimize risk. With more than 30 years’ experience, Lauren B. Abramson, Esq. creates the appropriate marital contracts to give you peace of mind.

WHAT CAN BE COVERED IN A PRENUPTIAL OR POSTNUPTIAL AGREEMENT?

New York is one of 23 states that have not adopted the Uniform Premarital Agreement Act. Instead, New York’s Domestic Relations Law (DRL), enacted in 1980, governs what issues can be addressed in a marital agreement. Under the DRL, the subject matter of such agreements can include:

• Provision for the ownership, division or distribution of separate and marital property.

• Provision for the amount and duration of alimony (maintenance) or other terms of the marriage relationship, provided that such terms were fair and reasonable at the time of the making of the agreement and are not unconscionable at the time of entry of final judgment.

• A contract to make a distribution upon death, or a waiver of any right to under the provisions of a will.

• Provision for custody, care, education and maintenance of any child of the parties.

SHOULD I HIRE A PRENUPTIAL AGREEMENT ATTORNEY?

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If you have decided that a prenuptial agreement is the right move for you as a couple, you might be wondering whether hiring an attorney is necessary. Working with an experienced prenuptial agreement attorney can ensure that you and your future spouse have properly discussed and agreed upon major issues before the wedding.


Independent Legal Advice

Working with your own prenuptial agreement attorney guarantees that you are working with someone who has your best interests in mind. We will make sure that you are treated fairly throughout the process.


Ensure the Document is Correct

We will give your prenuptial agreement all the care and consideration that we would give to any contract, making sure that everything is worded properly and carried out correctly. This allows you and your future spouse to have peace of mind going into the marriage. 


Keep Communication Open

By working with an attorney, you actually invite more open communication with your partner. Many couples find conversations about money, debt, and assets difficult to begin, but drawing up a prenuptial agreement with an attorney makes having these discussions part of the process. We will work with you to come to an agreement that is fair to everyone. In many cases, creating the prenuptial agreement can actually bring couples closer.


If you have any questions for our prenuptial agreement attorney, give our office in Westchester County a call.

WHY DO I NEED A PRE-NUP OR A POST-NUP?
A prenuptial or postnuptial agreement is a prudent move for anyone, but it’s particularly important if:
  • You have substantially more wealth than your partner
  • You have significantly greater income than your partner
  • You are entering a second or subsequent marriage
  • Your partner has substantial debt
  • You own a business
  • You have already created an estate plan
  • If you plan to quit your job to become a stay-at-home parent
Our White Plains, NY family law attorney can help you determine if a marital agreement makes sense for you.
Prenuptial Agreement
IS A PRENUPTIAL OR POSTNUPTIAL AGREEMENT LEGALLY BINDING?
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New York’s Domestic Relations Law sets out three specific requirements for prenuptial and postnuptial agreements. To be enforceable in New York, a marital contract must be:

• In writing

• Signed by both parties

• Acknowledged (that is, the signatures must be verified by a notary public, county clerk or any other person who is authorized to perform marriages)

A recent New York appellate court decision (Cioffi-Petrakis v. Petrakis) recently held that a prenuptial agreement is unenforceable if one party was fraudulently induced to sign it, which means the other party misrepresented or withheld important information. A court also is highly unlikely to enforce a marital contract where one of the parties was coerced into accepting the terms of the contract. Consequently, in addition to the statutory requirements, you should take the following steps to ensure that your prenuptial or postnuptial is valid:

• Each party should make a full financial disclosure, including all income, expenses, assets and debts.

• Each party should be independently represented by separate counsel.

• Each party should be given sufficient time to review and consider the proposed agreement.

Can a Prenuptial Agreement be Adjusted Post Marriage?

Yes. Prenuptial agreements can be altered even after the marriage has become legal. However, both parties must agree and sign the changed document. A prenuptial agreement attorney can assist you in this process to ensure everything is written out and understood by both partners. It’s also possible to revoke the prenuptial agreement completely if desired. Again, both parties must sign off on this, but typically there are provisions on the prenuptial agreement that dictates how the document can be canceled, who needs to be involved, etc. Some agreements contain a sunset clause which states that after a specific number of years the prenup will no longer be valid. If you have any questions regarding how to amend or cancel your agreement, please contact a prenuptial agreement attorney at Lauren B. Abramson, Esq. today!

CONTACT OUR LAW FIRM ABOUT A PRENUPTIAL AND POSTNUPTIAL AGREEMENT

Lauren B. Abramson, Esq. resolves family law issues for clients throughout Westchester and Putnam counties, including White Plains, Harrison, New Rochelle, Bedford, Armonk, Bronxville, Larchmont, Mamaroneck, Somers, Croton-on-Hudson, Peekskill, Rye, and Carmel. Our office hours are 9 a.m. to 5 p.m. Monday through Friday with evening and weekend appointments available. Call us at 

(914) 908-5877 or contact us online to arrange an appointment.

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