The process of planning for a wedding and getting married can often feel like a whirlwind. While it is important to ensure all details are addressed, it is possible for things to get overlooked, like getting a prenuptial agreement. If you got married without a prenup, and realized that you may need a marital agreement, you still have options. A postnuptial agreement may be right for you.
At Philip A. Greenberg, P.C., Attorneys at Law, the firm helps clients in New York City and New Jersey with all aspects of postnuptial agreements. With more than 40 years of experience, attorney Philip Greenberg takes the time to walk clients through the process of creating, reviewing, revising, negotiating and signing a marital agreement after a marriage has taken place.
What Is The Different Between A Prenuptial And Postnuptial Agreement?
In essence, the only difference between a prenuptial agreement and a postnuptial agreement is timing. A postnuptial is created after the marriage has already been legalized, or as a modification to an existing prenuptial agreement.
Spending Time To Save Time
One benefit of taking the time to establish a postnuptial agreement is the fact that this type of agreement can save time in the event of divorce. A postnup can detail how assets obtained during the course of the marriage can be distributed during the property division portion of the divorce.
What Is Needed To Establish A Postnup?
It is essential that both parties enter into a postnuptial agreement (as with a prenuptial agreement) willingly without being unduly pressured or intimidated into signing. When both agree, the document must be submitted for notarization in writing, with fair and full disclosure between parties. If any of these criteria are not met, the agreement may be invalid.
Getting The Postnuptial Agreement Correct Is Critical
Couples who are considering establishing a postnuptial agreement should take care to find a good lawyer who can help them create this document. When postnuptial agreements are improperly constructed, it can be difficult — if not impossible — to rectify these errors during divorce proceedings. The time, money and energy individuals need to invest to reverse these errors are significant.
Attorney Phillip A. Greenberg understands the importance of getting all family law matters, including postnuptial agreements, correct the first time. Drawing on his extensive experience, he has helped couples with complex financial and business situations create effective agreements that accurately reflect their wishes.
To learn more about why you should get a pre- or postnuptial agreement, what signing these documents means for you, or to get answers to any other family law questions, call a lawyer at the firm’s Manhattan office at 646-363-6807. You can also reach the firm via email.