Although New York law already defines the distribution of property if a marriage ends in divorce or death, the courts will recognize a valid post-uptial agreement that may differ from how New York law would divide property. The post-uptial agreement takes control of your property and fortune away from the state and puts it in the hands of you and your spouse. one. You should both have a lawyer to ensure that your interests are well defended, but also because the party who did not have a lawyer was then able to challenge the unfairness agreement in a New York court because they did not have a lawyer. A prenup should be just for each partner and meet your individual needs. In the event of a divorce, you and your partner minimize the possibility of adversarial proceedings or a lengthy and painful trial, since your wishes are already clearly stated in the agreement. If your net worth has increased, it`s easy to consider more and more complicated assets than if you`re married. If your net assets have declined, this is another reason to create an agreement to ensure that you will receive a fair share of the remaining assets. A post-marriage agreement is the same as a conjugal agreement, except that it will be concluded after the marriage. New York law will decide how to allocate your assets if you divorce. Nevertheless, you can reach an agreement yourself on how certain financial aspects of divorce are handled, which will allow you to avoid conflict and confusion if you ever get divorced.
Q. Will a post-uptial agreement affect who will have my property when I die? one. A post-nuptial agreement does not affect the distribution of assets after death, unless there is a clause in the agreement stating that it should do so. a. The post-up agreement can cover any number of issues. Here are some of the most common. If there is a separate property that you want to define as marital property, this can also be obtained with a post-uptial agreement. You can also use a post-uptial chord to protect a large herding. These are generally considered separate assets as long as they are held exclusively in the name of the recipient, but the post-uptial agreement can confirm this separately and protect that money or fortune in the event of a divorce.