Prenup, postnup; it's never too late to protect one's interests

Posted By Michael R. Varble & Associates, P.C. || 3-Oct-2012

The news is filled with stories of celebrity divorces these days. One thing that quite a few of the couples have in common is a prenuptial agreement. With the publicity that these agreements are getting these days, some New York couples may, in retrospect, wish they had signed a prenuptial agreement before they got married.

The good news is, it's not too late. Married couples don't have to be contemplating divorce to make the rational move of identifying assets and protecting interests and property. They can ensure things are in order, whatever the state of the relationship becomes, by creating a postnuptial agreement.

Most everyone knows how prenuptial agreements simplify and speed up divorces or simply give couples peace of mind that, no matter what happens with their marriage, certain matters are already decided. The postnuptial agreement allows New York couples to accomplish virtually the same thing.

Any issues that are addressed prior to marriage may be addressed in postnuptial agreements. Issues such as property division, alimony and child support are typical topics included in such an agreement. So long as the terms are considered fair and equitable at the time the agreement is signed and properly executed, it may be considered valid and enforceable when needed.

The key to a successful postnuptial agreement is making sure that it complies with all applicable laws. That's why it's important to have an attorney involved. Indeed, sometimes it makes sense for each spouse to get the help of separate attorneys to make sure their rights are fully protected, come what may.

Source: The Huffington Post, "Postnuptial Agreements: The Prenup for Married Couples," Ken Altshuler, Sept. 21, 2012

Categories: Family Law

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