Prenuptial & Postnuptial Agreements
We help our clients negotiate prenuptial and postnuptial agreements that will not only meet their individual needs and preserve the relationship with their future spouse but will also be enforceable in the event of divorce or death.
How It Works
Prenuptial agreements are signed prior to the marriage. Couples who are planning to marry often enter into prenuptial agreements that clarify the financial rights and obligations of each spouse in the event of a divorce. Couples can also use prenuptial agreements to determine what rights a spouse will have in the event of the other's death. The most common reasons that people seek to sign prenuptial agreements include protecting assets that they had prior to the marriage, protecting assets that they expect to inherit, clarifying how marital assets will be divided and clarifying whether a spouse will or won't be entitled to spousal support in the event of a divorce.
Postnuptial agreements are contracts that are signed during the marriage. These are often entered into when there has been some sort of change in the marital relationship or financial circumstances that causes one or both parties to seek more financial security but the couple is not looking to divorce or legally separate. Some common reasons why people seek postnuptial agreements include:
- A prenuptial agreement was discussed, but never signed
- There has been some sort of betrayal (whether physical or financial) that has raised financial concerns
- A spouse has recently acquired assets through inheritance
- A spouse has incurred large debts
At Vacca Family Law Group, we are ready to help you find the right solution for your situation. Contact us today.
Learn More About Prenuptial & Postnuptial Agreements:
- Conscious Coupling: A New Approach to Prenups
Millennials are waiting longer to get married, and they have typically accumulated substantial financial assets before marriage and have probably been negatively impacted by divorce at some point in their lives. This has resulted in a shift towards what I call “conscious coupling.” More so than earlier generations, millennials are likely to see the value of a prenuptial agreement to help avoid arguments, or even worse, having a judge make financial and business decisions for them… continue reading
- How Millennials are Making Prenups the Norm: Prenuptial Agreement Checklist
If you’re planning your marriage or legal partnership, you want to start out right. In New York State an asset earned during the marriage is considered marital property to be divided equitably – “equitable” does not necessarily mean “equal.” These are best practices I suggest my clients follow to make the prenuptial negotiation process move forward with as much ease and as little acrimony as possible… continue reading
- Prenuptial Agreements Part 1: What’s Mine is Yours? What’s Yours Is Mine? Wait, What’s Going On?
For many people, they want to do something very different from what the law provides. They may want to define marital property differently than how the law defines it. Or their financial lives may get entwined to such an extent that it may not be easy to determine exactly what was separate property. With a well written prenuptial agreement, you can stipulate the terms that suit your needs—even if you need to “step outside of the box” and come up with very unique solutions. The goal is always to avoid needing the court system should you divorce… continue reading
- YourTango: Forget Prenups - Here's Why You And Your Spouse Should Have A Postnuptial Agreement, Instead
It's much easier to do the right thing when you and your spouse are still in love and working toward a common goal, which is hopefully a life together forever… continue reading
- LGBTQ Marriage: How You Can Protect Your Children
The decision of LGBTQ couples to divorce is as difficult as any other divorce, but these parents face different legal challenges. A postnuptial parenting plan where both parents agree on and document custody, decision-making and parenting arrangements is the best option to protect both you and your child… continue reading
- Preparing to Negotiate a Postnuptial Agreement
If you’ve decided that a postnuptial agreement is something that you want to pursue, it is important to be adequately prepared for the negotiation process. These are some suggested steps that you should take before you begin… continue reading
- 6 Reasons Postnuptial Agreements Are Gaining Popularity
A postnuptial agreement is a contract entered into by married couples that provides terms that will govern in the event of death or divorce, including how to divide assets, the relinquishment of certain property rights that spouses would otherwise be entitled to and the terms of spousal support and child support… continue reading