Pre- and Postnuptial Agreements

A prenuptial agreement is an agreement entered into prior to the marriage and indicating how property and financial issues will be resolved in the event of separation, divorce or death. The agreement made after the marriage has taken place, but before the commencement of a divorce action, it is called a postnuptial agreement. Both are very useful instruments ensuring that your assets are protected from the claims of your spouse. You should enter into such agreements if you have received an inheritance, possess a professional license or degree, an investment portfolio, own a business or real estate. According to New York law, the surviving spouse has an inherent right to the percentage of the deceased spouse’s estate unless this right was waived in the prenuptial or postnuptial agreements.

All issues involving the agreements are negotiable, and a skillful attorney can help you to protect your assets, or review the documents to ascertain the fairness of its terms and ensure your rights.

Contact our office for a consultation.