Prenuptial & Postnuptial Agreements

Working out the terms of a pre/postnuptial agreement can save a lot of emotional labor should you split down the road. In the event of divorce or separation, having created enforceable settlements beforehand will protect your present interests. When New York couples bring pre/postnuptial cases to Mark Weaver Law, we work with them to determine how they wish to divide their assets and debts in a calm, fair manner.

Even if you don’t foresee an end to your relationship, it might be wise to plan ahead of time, should you get to the “after” part of your “happily ever.” By drafting a pre/postnup, you’ll be doing yourself the favor of having the following all set:

  • Who gets what assets in the event that you decide to end your legal union

  • How finances and assets will be handled during the marriage

  • Spousal support terms

  • Any business ownership issues

  • What to do with your estate in the event that one of you dies

  • The handling of gifts, inheritances or trusts

  • Benefits and disability and insurance coverage

Pre/postnups can also determine how certain circumstances during marriage will affect the divorce process. A couple can, for example, set a precedent that a partner who cheats must forgo his/her right to alimony.

You’ll be arranging your settlement as a couple, so why call us? Even though you’ll be working together, it’s critical that you each have your own attorney who will represent your interests and fight for your rights. And, of course, you’ll be needing someone with sufficient experience in family law to adequately draft your agreement.

Handling Challenges

Signing a pre/postnup is an agreement enforceable by law. While they can be pretty tough to contest, there are events that create valid groups for challenging your settlement, including:

  • Your spouse did not disclose all of his or her assets or debts

  • You were unfairly pressured into signing the agreement

  • You were deceived into signing the contract

Mark Weaver Law will lay out your options for you, advise you on your likelihood of success, and, if necessary, litigate your matter in court. We also represent clients who wish to enforce the terms that a partner wants to contest.