In a post-uptial agreement, a couple accepts certain financial questions in the event of dissolution of the marriage. A post-nuptial agreement will generally not be able to control a spouse`s behaviour. For example, a post-uptial agreement cannot assign a spouse to housework. In addition, a post-ascendancy agreement cannot grant custody of a parent to any parent for a minor child – while the parents accept parental plans and shared or exclusive custody and may submit it to court during divorce proceedings, a family law judge will grant custody on the basis of the best interests of the child. A post-marriage agreement is valid and can be applied as long as it protects both you and your spouse and has been concluded with full and fair disclosure of all assets from both you and your spouse. The agreement must also be executed and recognized with the full formality necessary to register a title. In essence, a post-marital arrangement allows a married couple to determine how property and property are distributed in the event of divorce. This can put pressure on marriage and give spouses confidence in their future safety. Otherwise, existing New York distribution laws would apply in the absence of prior or additional agreement. Being young and in love is not always the best mindset for long-term financial planning. People who want to get married of course know the statistics: about half of marriages end in divorce. Yet many brides and grooms have little wealth and are determined to be together forever, which means that the idea of a conjugal agreement is the most extreme thing that comes to mind.
A valid post-uptial agreement is recognized by the New York courts. To be valid, the agreement must protect both spouses. Moreover, it cannot be achieved by fraud, coercion or coercion or if there is an inequality with the conditions. In addition, there must be full and fair disclosure of all assets of both parties prior to the conclusion of the post-uptial agreement. And both spouses must have independent legal assistance for the agreement to be enforceable. Finally, the agreement must be executed and certified notarized. Keyword: Post-Uptial Agreements, upuptial agreements, property division, divorce If your individual or marital financial terms have changed during the marriage, this is an additional indication that you should create a post-uptial agreement. When you entered into the marriage, you did so in a number of financial circumstances. These have now changed, and it is wise to consider these circumstances and develop a plan to manage your financial holdings if you will have to dissolve your marriage. Post-family agreements may not include child custody agreements or assistance to minor children of marriage.