Separation and postnuptial agreements are a tool that can be used when married couples are concerned about the future of the marriage and may want to look at legal steps to protect their interests. An effective legal document, one that comprehensively addresses all relevant issues, and will stand up to judicial review, holds the key to protecting those interests. Our Manhattan separation lawyer can provide the guidance that clients are looking for.
Guilford Law Group, PLLC is based in Manhattan and works with people throughout the five boroughs of New York City, and into Rockland County and Westchester County. Contact us today at (646) 783-0074 or reach out here online. Serving both the English and Spanish-speaking communities.
Separation agreements allow spouses to live separately and have some measure of legal protection, while they work out whether or not the marriage should continue. The agreement will outline the rights and responsibilities of each party involved.
With the leadership of a Manhattan separation attorney, the couple can agree on how their assets will be divided. One spouse can be relieved of any legal obligations for debt that might be incurred by the other after the agreement is signed. In situations where children are involved, matters of child custody and support will need to be resolved in a legally binding document that protects the best interests of the child.
Broadly speaking, a separation agreement will address many of the issues that have to be resolved in a final divorce settlement. In cases where these agreements exist, they can serve as a template for the ultimate settlement, which can streamline the divorce process significantly.
Ultimately though, separation agreements give couples what they may need the most—time and space. Marriages go through difficult stretches and the spouses may just need a little time apart, with the security of legal protection, to work things out. Spouses may also have a religious objection to divorce, and a separation agreement can protect them, while staying true to their beliefs.
Postnuptial agreements are contracts that married couples enter into after they have already tied the knot. They differential from prenuptial agreements only by the timing—a prenup is signed before the wedding date, the postnup is signed after. Postnuptial agreements differ from separation agreements in that spouses will still be living under the same roof in the postnup.
This type of agreement is particularly useful for couples who wish to address issues such as separation of assets, spousal support, and other financial matters upfront without having to wait until it becomes an issue down the line. They can also be used to settle any premarital debts incurred by either partner before their marriage should one partner decide they don’t want the debt taken on by themselves alone.
Contact our Manhattan postnuptial agreement lawyer today by calling (646) 783-0074 or through filling out our online contact form.
An agreement, be it separation or postnuptial, is like any other contract. It will be enforced and upheld by a New York court so long as it accords with the basic requirements of law.
One of those requirements is full disclosure regarding financial assets and other property. Another requirement of any contract is that both parties be free of coercion or undue pressure in signing. The state of New York also has rules that must be followed to ensure each party in a marriage is treated fairly. Those rules are broad and allow considerable flexibility, but any agreement considered wantonly unfair may be thrown out.
The best way for spouses to have an agreement that will hold up under judicial review is for reach to retain their own attorney. That lawyer should be someone who has a deep understanding of all the issues involved in separation or postnuptial agreements, who knows what questions to ask and issues to raise, and who understands the requirements of New York law.
He is extremely diligent but more importantly he is very caring and results-driven.- R.C.