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Postnuptial Agreement


Getting Married is very exciting! Spring is that time of year when brides are eagerly gearing up for their June weddings and all the glitz, glamour and drama a wedding brings.

But what about after the wedding day? Are you truly prepared for the marriage? Many couples find once married there are some important issues that weren’t discussed. However, it’s never too late. That’s why we have postnuptial agreements.

Postnuptial agreements came into acceptance in the U.S. in the later portion of the 20th century. It was in the 1970’s that postnuptial agreements were met with wide acceptance motivated by what many think was the increase in divorce in the 70’s.

A postnuptial agreement is a written contract executed after a couple gets married or have entered a civil union. The purpose of this contract is to address and settle a couple’s affairs in the event of a separation or divorce.

When crafting a postnuptial agreement, I suggest you consider the following:

  1. Assets, liabilities, income
  2. Expectations of gifts and inheritances.
  3. The status of gifts, inheritances, and trusts either spouse receives or benefits from, whether before or after marriage.
  4. How post-marital debts will be paid.
  5. Decide who, or if both of you, will own or occupy the marital residence and secondary homes in the event of death or divorce
  6. What happens to your marital property in the event of death or divorce.
  7. what happens to property-real estate, jewelry, artwork, antiques etc.
  8. Alimony, maintenance, spousal support, children
  9. Death benefits- what you will provide for in your will.

To learn more about postnuptial agreements call (646) 663-4546.