Post Nuptial Agreement Process: What to Expect
Aug 02, 2019
A post nuptial agreement may be an effective way to address property, debt and support issues when spouses contemplate a separation or eventual divorce. Post nuptial agreements must adhere to certain legal requirements, so it is important to ensure that the agreement complies with the law. Brooklyn NY family attorneys from the Levitsky Law Firm can help prepare and enforce post nuptial agreements.
What to expect in the post nuptial agreement process
When creating a post nuptial agreement, you should expect to have both spouses provide a complete inventory of assets and debts. This will help ensure that the agreement is comprehensive and addresses the potential issues.
Because a post nuptial agreement may be invalidated if there is fraud or misrepresentation by one of the parties, it is important that both spouses cooperate.
After receiving a full inventory of the assets and debts, a family law firm in Brighton Beach can assist in developing an agreement that addresses the wishes of the spouses. An agreement must be fair in its terms and contain provisions that may be legally enforced.
What can a post nuptial agreement address?
A post nuptial agreement can determine who is to have possession of certain assets and items of property. The agreement may also specify that any increases in value of property, such as interest and appreciation, will remain that spouse’s sole and separate property.
The agreement may also specify who is responsible for different debts. This may include making each spouse solely liable for any debts incurred by that spouse individually in the future.
An agreement may also set forth the terms of extent of spousal maintenance or alimony. The post nuptial agreement may be incorporated into a divorce if the spouses eventually pursue dissolution of the marriage.
Brooklyn NY family attorneys from a family law firm in Brighton Beach can assist with your post nuptial agreement needs. Contact Levitsky Law Firm to learn how we can help.