It happens every day. Couples fall in love, get engaged, and feel that a prenup either takes away from the romance or serves as a bad omen for the marriage. In truth, a prenuptial agreement is a very practical tool to protect you both from unforeseen consequences.
If you are considering filing for divorce and do not have a prenuptial agreement, a postnuptial agreement may offer the solution you need. Randi L. Karmel, PLLC, understands the significant impact a divorce can have on your financial health. If you have a high net worth, a divorce can be especially damaging. A New York City postnuptial agreement attorney can discuss the benefits of having one in place before filing for divorce.
How Can a Postnuptial Agreement Benefit Me if I am Considering a Divorce?
High-asset divorces can be lengthy and problematic. A postnuptial agreement can settle many issues beforehand. In addition, a postnuptial agreement can help you protect your best interests while still married instead of fighting it out in court when emotions are high.
Some important benefits to consider include:
- Deciding if and how alimony should be handled
- Controlling the division of property and assets
- Managing business assets
- Reducing the cost and time it takes to divorce in the future
- Avoiding conflict typically associated with divorce proceedings
While there is no getting around the emotional nature of ending your marriage, a postnuptial agreement can give you a sense of certainty when both parties know what to expect.
Why Should You Hire a Financially Savvy Postnuptial Agreement Attorney in New York?
The enforceability of a postnuptial agreement is crucial. You need an experienced attorney to guide you and your spouse through the process to ensure its validity. A well-drafted postnuptial agreement can shelter you from future challenges should you decide to divorce.
Fighting a postnuptial agreement can be costly. It is in your best interests to make sure your postnuptial agreement is valid, enforceable, and free of any vague language or exposure.
In New York, a postnuptial can only be challenged under one of the following circumstances:
- Duress, or being forced to sign the agreement by violence or threat of violence
- Fraud can be considered if assets were hidden or not valued correctly
- Unconscionability refers to a postnuptial agreement that would be considered unreasonable to most people
Unconscionability is a broad term used to prevent one spouse from maliciously taking advantage of the other. In 2014, McKenna v. McKenna, 121 A.D.3d defined unconscionability as an agreement that no reasonable person would accept and no honest person would create due to it being grossly unfair.
Contact Our Postnuptial Agreement Attorneys Today
Whether your marriage is happy, has difficulties, or has serious considerations for divorce, a postnuptial agreement can be very advantageous. Take the emotion out of the equation and realistically evaluate your marital assets and what both spouses would wish in the event of a divorce.
A postnuptial agreement cannot remove the emotional turmoil of ending a marriage, but knowing you are entering divorce proceedings with most of your decisions already made can give you peace of mind.
At Randi L. Karmel, our New York City postnuptial agreement attorneys are here to help you design a contract with your best interests in mind. We will make sure both parties understand all aspects of the agreement and ensure your postnup is valid and enforceable.