My husband and I have been married for 13 years (together for over 20 years). I Discovered he was unfaithful last year. The affair continued for 3 to 4 years.We have a wonderful child together. We are trying to work things out and stay married. I used to earn more than him, however, once I quit my full time job to be a homemaker, his earnings increased. (I currently have minimal income in sales) . He will not contest the agreement, and wants me to do this. Will a postnupt stand up in court? If he leaves me in future, what financial support can I outline for our child &myself? If a divorce occurs, is everything divided 50%? if so, what is the benefit of a postnuptial agreement? How much will it cost? and does my husband have to hire his own attorney? We are trying to keep the cost low.
Divorce / Separation Lawyer
A postnuptial agreement is a very helpful tool where parties are attempting a reconciliation and want to avoid a nasty battle in Court in the event the reconciliation fails and leads to divorce Court. The postnuptial can resolve all the very same issues that would be resolved in a divorce settlement agreement. All the assets can be divided 50/50, or in any other proportion the parties agree. The issues of child support, custody and visitation can also be very clearly outlined in the agreement. As for cost, it all depends on the complexity of the situation and the level of cooperation by both parties. If the parties are cooperative and respectful of each other, the postnuptial can be relatively inexpensive and can avoid an even more costly dispute in the future should there be a subsequent divorce proceeding. It is not required for either or both of the parties to be represented by counsel, but it is highly recommended to ensure that the postnuptial agreement is prepared in a manner that would be enforceable in Court at a later date.
Mr. Rosen practices matrimonial and family law in Great, Neck, NY. His response here is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. You are strongly advised to confer with an attorney in your own state to acquire more information suited to your particular circumstances. Mr. Rosen's firm offers free consultations.