Postnuptial Agreements Lawyer

Experienced Postnuptial Agreements Lawyer - Lawyers for Postnuptial Agreements

Marriage is not only an emotional contract between two people. It is also a financial one. Two individuals who have decided to marry get into an agreement to share their life and their property.  Unfortunately, if that marriage ends in divorce, the couple may realize that they could have benefited from getting their financial assets and debts more clarified. Even after the marriage has taken place, a couple can do this with a postnuptial agreement.

Regardless of wealth or property, many couples can benefit from having a valid agreement in place. Having the assistance of experienced attorneys can help you define your personal property, debts, and responsibilities so they don’t become a factor in the future.

At The Law Office of Ryan Besinque, postnuptial agreement lawyer Ryan Besinque and our team of skilled attorneys can help you develop postnuptial agreements that are suited for your needs and can protect you no matter what life has to offer. Call us today at (929) 251-4477 to schedule a consultation with New York divorce lawyers at The Law Office Of Ryan Besinque – postnuptial agreements lawyer.

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Postnuptial Agreement Attorney Ryan Besinque Explains NYC Postnuptial Agreement

Before marriage, many couples shy away from any talk of potential divorce and how it may affect their impending marriage. But once a couple begins a marriage, they may soon understand how intricately interwoven their lives are from a financial standpoint. Especially in today’s landscape where more individuals are entering into second and third marriages, bringing children and assets like real estate property of their own into the union, a postnuptial contract can help clarify the legal ownership of assets and future expectations and responsibilities of both spouses.

A postnuptial agreement is a legal contract that married spouses enter which can further clarify a couple’s intentions regarding property division and responsibilities beyond New York’s equitable distribution laws. They are used in many different types of situations, primarily to ensure that separate property is safeguarded, that the spouses are not taking on each other’s debts, and to designate specific financial responsibilities during the marriage and in those cases, the marriage ends. Postnuptial agreements are similar to prenuptial agreements but are developed and executed after the marriage has taken place instead of before it did.

Because it is a legally binding contract, spouses will want to get professional legal advice before drafting and signing any agreement in New York. Attorney Ryan Besinque and our team of New York postnuptial attorneys can help ensure that your agreement is fair and enforceable. Call us today at (929) 251-4477 to schedule a consultation.

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Why Would Someone Want Postnuptial Agreements in New York?

A postnuptial agreement discloses property that each spouse owns both personally and together. It then goes on to clarify each spouse’s rights and responsibilities during the marriage as well as how the property will be divided if the marriage should end in divorce or if one spouse should die.

While we have equitable-distribution laws in New York that set out rules about how property will be distributed in the case of a divorce, the terms of an agreement such as this will override state distribution laws and give the spouses control over how they want to divide the property.

Seeking the help of skilled attorneys before you enter any marital contract may be able to help you keep the property you already own before the marriage, understand your rights in case of a divorce, and what steps you should take next in a postnuptial agreement. An experienced attorney may be able to guide you through making the contract as legally binding as possible so that both you and your spouse understand your responsibilities in the contract.

The attorneys at the Law Office of Ryan Besinque are well-versed in prenuptial agreements as well as post-nuptials. Our skilled legal representatives may be able to help you and your spouse create a legally binding NYC postnuptial agreement and they are ready to help. Contact us today at (929) 251-4477 to schedule a consultation.

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Lawyer Ryan Besinque Discusses What A New York Postnuptial Agreement Does

A valid postnuptial agreement can address many issues. It can:

Define what is separate property and what is marital property from non-marital property

Define separate debt that each spouse has brought into the marriage

Define whether a spouse will be entitled to spousal support or maintenance and the type of support in the case of divorce

Establish any potential support or nonsupport of children that were brought into the marriage from another relationship

While a postnuptial agreement can clarify and establish many matters for a couple in the event of a future divorce like property distribution, a prenuptial or postnuptial agreement may not enforce matters of child support, custody, or parenting time.

Before you enter a postnuptial agreement with your partner, call NY postnuptial agreements attorney Ryan Besinque. As a skilled prenuptial and divorce attorney, he may be able to help you in setting your goals for the future and design how you would like the agreement to look with your partner.

Call us today at (929) 251-4477 to speak with an experienced legal professional about your postnuptial agreement.

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Lawyers at The Law Office of Ryan Besinque Answers Whether Postnuptial Contracts are Enforceable In New York

Valid postnuptial agreements are recognized and enforceable in New York. But to be valid, there are certain requirements that must be met.

The agreement must protect both parties. – In the event of a dispute, the court will look closely at fairness. If it appears that one of them is unfairly favored in its terms, the court may choose not to enforce it.

Both parties must have independent legal counsel. – Spouses must have their attorneys when entering into a postnuptial agreement to ensure fairness. If this is not the case, the court may not enforce the agreement if it should come into dispute.

There cannot be an indication of coercion or duress. – If one spouse is pressured to sign an agreement, it may not be enforced.

There must be a fair and complete disclosure of all properties and assets held by both spouses. – If one of them fails to disclose assets or has attempted to hide assets, the court may not enforce the agreement.

If a prenuptial or postnuptial agreement is disputed during a divorce, the court will look closely at its terms, examining it for any unfairness, fraud, or other matters that indicate something may be amiss. Consequently, it is critical to have an experienced New York postnuptial and prenuptial agreement attorney draft and/or review your contract to ensure its enforceability if it ever becomes necessary.

A postnuptial arrangement can be invalidated for obvious reasons like fraud, coercion, or duress. However, a court may view it with extreme circumspection if there are less obvious reasons. If the parties do not have separate attorneys, the court will closely examine the agreement for any unfairness and may not enforce the postnuptial agreement if there’s anything suspicious. If both parties have their own lawyers, the court may still not enforce your postnuptial agreements if the agreement appears to favor one party greatly over the other. If the agreement shows that one party will be left with nothing, the court will not be inclined to enforce it. 

It is important to work with an experienced attorney in the drafting of these documents in order for your postnuptial agreements to be valid in court. The Law Office of Ryan Besinque’s team of skilled postnuptial agreements attorneys may be able to help you draft a legally enforceable postnuptial agreement.

When you are drafting your New York postnuptial agreement, both you and your spouse will need to identify separate properties and marital properties. Keep in mind that if your property is not kept separate, in the event of a divorce, it can be considered marital property may be divided regardless of your postnuptial agreements. Thus, it is very important to be specific when creating your postnuptial agreements to ensure that your separate properties are identified and kept separate.

If you brought in significant amounts of money into your marriage, and then deposited it into a common account, these funds will be treated as marital property. A postnuptial arrangement may help you protect these funds and keep them separate if they are supposed to be separate. Large inheritances are usually considered separate property if they are under a sole beneficiary’s name. A postnuptial agreement may be used to confirm that the inheritance is separate and protect it in case of divorce.

A postnuptial agreement can also be used to define a separate property as marital property if you and your spouse wish to do so. Speaking with an experienced postnuptial agreement attorney may help you understand your role and responsibilities when enforcing a postnuptial agreement. Call the Law Office of Ryan Besinque today at (929) 251-4477 to schedule a consultation.

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Getting Experienced Legal Advice From Experienced Postnuptial and Prenuptial Agreement Lawyers

If you and your spouse are considering a postnuptial agreement, you should understand your legal obligations and responsibilities under its terms.

Call the experienced New York postnuptial agreement attorneys at The Law Office of Ryan Besinque at (929) 251-4477 or contact us via our website to schedule a consultation.

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