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Marital agreements have become more common because they serve people in many different circumstances. Prenuptial agreements go by names such as antenuptial agreements, antemarital agreements, or simply prenups. A prenup is an agreement about the division of property, should a marriage end in divorce. The most common reason a party requests his or her intended spouse to sign a prenup is to protect children from an earlier marriage. Should divorce and property division become necessary, litigation will be avoided, assuming the prenup was executed according to legal requirements. But more generally, one party entering a marriage with significantly more assets has a right to avoid litigation and loss of assets should divorce occur. Years of litigation can be avoided with a valid prenuptial agreement. Postnuptial AgreementA postnuptial agreement, also called a postmarital agreement, is the same kind of agreement, but executed during, rather than before, marriage. Some couples are not on the verge of divorce, but wish to settle matters should that happen. Peace of mind and avoidance of litigation can be gained. Although the law is fairly cut and dried in this area, there are still challenges to such agreements when divorce does occur. If bitterness accompanies the divorce, the party with fewer assets may be particularly motivated to try to obtain more in property division than the prenup allows. Challenges to Prenuptial AgreementsWith so much at stake, certain measures are expected in order for the agreement to be fair. - Each party should have a lawyer review the contract before signing.
- It should not be executed on the way to the wedding.
- Pressure or coercion should not be exercised.
Garden City Postnuptial Agreements LawyerTabat, Cohen, Blum, & Yovino, LLP, can counsel and represent you whether you are challenging a prenup or defending it. Past divorce clients often come to us before remarrying, looking for a prenup for their new relationship. With more than 100 years of experience between our partners and our associate attorneys, we have an unmatched depth of knowledge about matrimonial law. Contact a Garden City postnuptial agreements attorney today to arrange an initial consultation with one of our matrimonial law partners. Call (516) 294-9292 for our Nassau County office or (631) 587-5100 for our Suffolk County office. Tabat, Cohen, Blum & Yovino, LLP | | Nassau County Office 1205 Franklin Avenue Suite 270 Garden City, NY 11530 (516) 294-9292 phone (516) 294-5533 fax | Suffolk County Office 500 Montauk Highway Suite N West Islip, NY 11795 (631) 587-5100 phone (631) 587-5064 fax | Tabat, Cohen, Blum & Yovino, LLP provides all aspects of matrimonial law, including divorce, equitable distribution of assets, and child custody, for clients throughout Long Island, New York, as well as clientele in Manhattan, Queens, Brooklyn and Westchester.
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