 Marital
Agreements -
Matrimonial
agreements can be in the form of a Pre-Nuptial
Agreement, Post-Nuptial Agreement,
and separation agreements (made during the marriage)
and Settlement Agreements. These
agreements between the husband and wife can
always be made with
court intervention.
The
old adage “better to be safe than sorry” certainly
applies here based on the statistics of divorce
in New York. Couples fear Pre-Nuptial Agreements,
which are created before the marriage as most
often it interferes with their preconceived notions
of romanticism. However, a well drafted Marital
Agreement prepared by an attorney can preclude
years of litigation by an embattled couple who
suddenly find the courtroom to be their new battleground.
A
Post-Nuptial Agreement can always be made during
the marriage. Standard clauses include ownership
of businesses or property, division of separate
property; division of marital property; clauses
for custody and support of any children created
during the marriage. The clauses in these Matrimonial
Agreements must be under New York case law, fair
and reasonable at the time they were signed by
the parties and certainly cannot be unconscionable
against one party. |
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