If your spouse is ready, you may be available to change the agreement. It is recommended that you carefully balance your situation with an experienced professional and that you have appropriate financial publicity to ensure that you are protected. On the other hand, a post-marital contract can create problems in a marriage that were not obvious before, or aggravate existing problems, which creates serious problems of trust, cooperation and mistrust – simply negotiating for a scenario that would be-if- can create tensions and force you to envision a future that might never become reality, which harms a healthy relationship. If a marriage contract is concluded carefully and with a wise lawyer, it should be enforceable, but in the end, this decision belongs to the judge, so it is not completely firm. But the truth is this: taking the time to create a marriage contract — or prenup, as they are often called — is not a sign that your marriage won`t last. And making a prenup with your partner doesn`t mean you`re not both attached to your marriage. Has. Post-enemy agreements are applicable, but one of the spouses could challenge them for an inexperienced reason. Some reasons why a judge might not respect a previous contract are fraud, coercion, injustice in its conditions and injustice, because one of the spouses was not represented by a lawyer during the drafting and execution of the contract. If, in the event of a divorce, you are concerned about the division of property (including, but not limited to, real estate, family patrimony, businesses, income, etc.), we will establish the agreement you need.

We will evaluate the assets in question and present you with a solid agreement that will protect you forever. One. A successive contract has no influence on the distribution of assets after death, unless there is a clause in the agreement that stipulates it. Normally, after death, the property is distributed according to the will of a person or according to the provisions of New York law if they do not have a will. Your marriage was happy until then. Why do you want to tear up the boat and negotiate a terminated contract? If you are a wealthy man or a couple, this is the only reason why you need a post-marital contract. Dividing your entire estate in a divorce, if you ever need it, will be extremely complicated and expensive. A complex divorce can take years and cost tens of thousands of dollars in attorney fees. A terminated contract protects you and your spouse from this eventual outcome. Although New York law already defines the distribution of property if a marriage ends in divorce or death, the courts will recognize a valid post-marital contract that may differ from how New York law would divide property.

The succession contract deprives the State of control of your property and property and puts it in your hands and your spouse. Post-marital agreements may not include an agreement on the custody or maintenance of minor children in the marriage. The court determines custody of the children on the basis of what is in the best interests of the children at the time of divorce. Custody of children is defined in accordance with State guidelines, based on the financial situation of the parties at the time of divorce. A terminated contract may not require any particular behaviour on the part of the spouses, such as for example. B the frequency of sexual intimacy or tasks around the house. And through our easy-to-use online interface, you can enter all the information that our licensed attorneys use for the marriage contract and the follow-up contract in New York to prepare your own marriage contract.