Prenuptial Agreements and Postnuptial Agreements

Suffolk County Prenuptial Agreement Lawyer

A prenuptial agreement (also known as an antenuptial agreement or a premarital agreement) is a contract between two people in preparation and anticipation of their marriage.  It can be used to settle property rights, maintenance, child support, custody or other issues that may arise in matrimonial litigation.

Similarly, during a marriage, spouses can enter into agreements that settle these rights even if the agreement does not contemplate the separation or divorce of the parties.  These agreements are known as postnuptial agreements.

The agreement will be held to be invalid unless it is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded.

Although the parties may include child custody, visitation and child support provisions in such agreements, the parties must realize that these provisions may not be binding.  The courts may disregard any such provision if the court believes that doing so is in the best interest of the child.

Review of Prenuptial Agreements

It is very important to understand that a court will be much more inclined to overturn or set aside an agreement if either party is not represented by experienced and competent counsel. In ensuring that a prenuptial agreement or postnuptial agreement is enforceable, it is essential that both parties have separate and independent legal counsel. Each party should have their own lawyer review the proposed agreement thoroughly and advise as to the pros and cons of the agreement.

 
Contact us now to discuss your Nassau County or Suffolk County pre-nuptial agreement or postnuptial agreement.  We are experienced in drafting prenuptial agreements and reviewing prenuptial agreements for clients. Call the Law Office of Louis L. Sternberg at 516-669-3295 to speak with a Suffolk County Lawyer in Huntington, New York.