I contacted a highly rated lawyer on Avvo about creating a post nuptial agreement, we've been married 2 years. I wanted it to touch on division of assets, debts (credit card and taxes), future earnings as well as alimony in case of divorce. I was told that this contract can be created if my wife agrees to it with her lawyer, but I'd have to sign a document stating that I understand that it won't necessarily be enforceable. Any thoughts?
Divorce / Separation Lawyer
If done properly and fairly, postnuptual agreements are enforceable period.
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Uncontested Divorce Attorney
A post-nuptial is essentially the same as as any other marital or pre-marital agreement. It defines separate property and outlines the who-gets-what in the event of the dissolution of the marriage. As long as it is drafted properly and the terms of the agreement are not against public policy most terms will be enforceable. That said, you cannot waive child support or the like in a marital agreement and the document must conform to DRL requirements.
Please note that this general response to your inquiry does not establish an attorney-client relationship.You should consult with a competent attorney for advice regarding your particular situation.
Family Law Attorney
Although as a "rule" post nuptials are enforceable, there are some circumstances under which a Court might not enforce certain provisions. It sounds like the attorney you consulted with may be concerned about doing too good a job and is looking for a CYA letter in case any of the provisions end up unenforceable.
I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.
Family Law Attorney
Unless a term is found unconscionable, it should be enforceable. However, alimony terms in a postnuptial or prenuptial agreement are more likely to be disregarded if the spouse is in need of support at the time of divorce.
4 lawyers agree