Essentially, a prenuptial or postnuptial agreement is a roadmap for what to do when the relationship gets rocky. In the event of a divorce or separation, it can define how marital property is divided, whether or not spousal maintenance is paid and more. In addition, it can define estate rights to protect a legacy for future generations, to protect a spouse or heirs and to provide peace of mind.
Joan Iacono is a Bronxville prenuptial/postnuptial agreement attorney who has more than 30 years of family law experience. You can count on her to draft a legally enforceable document that is customized to meet your unique needs.
Many people fear that creating a postnuptial agreement is a sign that the marriage will not survive. This is not necessarily true. In fact, a postnuptial agreement can be an effective tool for saving a marriage.
"I don't recommend that anyone sign any legal document that you've prepared yourself," says Joan Iacono. "Without understanding the ramifications of every word in the agreement, you can make very serious, life-long mistakes."
Maybe you want to curb your spouse's reckless spending or protect your inheritance rights. Maybe you are involved in an estate-related disagreement or have other financial fears. When such monetary disputes are driving a wedge in your relationship, a legally binding agreement can give you a sense of comfort. It can also give you the ability to eliminate certain contentious issues that are threatening your marriage.
In this technological age, many people turn to the Internet to find ways to solve problems independently. Some choose to print off generic prenuptial or postnuptial agreement forms instead of consulting a lawyer.
However, these agreements are subject to New York's strict laws. If they are not drafted correctly, the agreement will not be enforceable. If they are drafted correctly but don't adequately protect your interests, you could find yourself trapped in a situation you did not intend.