A Postnuptial Agreement
27 novembre 2020
Before the marriage, if a party does not like, the provisions contained in the proposed marriage arrangement and the couple is not able to reach an agreement, they may simply decide not to marry. With a post-uptial agreement, the couple is already legally bound and the spouses owe themselves a duty of trust. There is a concern that the provisions of a post-uptial agreement were not negotiated because a spouse had little choice but to sign the agreement. « He kept saying, « Well, my mother would be more comfortable, » » recalls Suzanna, who didn`t want to give her last name for data protection reasons. The lawyer for her husband`s family drew up an agreement. At the time, Suzanna was a university professor and there was no money to afford her own lawyer. « You paid for my lawyer. The lawyer looked over and said it was good, nothing to do to worry about, » she recalls. In exchange for an agreement that the hereditary activity and any future assets that might result from it would not be considered marital property if they were ever to divorce, the post-Nup Suzanna offered a cash sum that was paid over a specified period of time. « I think it was $20,000 as a kind of « signature bonus, » if you will, » she says. She used the money for credit card bills and budget expenses.
Post-nuptial agreements were not widely accepted until the second half of the 20th century in the United States. Before that, American jurisprudence followed the idea that contracts, such as. B post-nuptial conventions, could not be valid if they were performed between a husband and a wife. A couple`s inability to bind was due to the concept of conjugal unity: at the time of marriage, the spouse and wife became a unit or a person.   Since a contract with oneself cannot be entered into, a post-uptial agreement would therefore be null and void. It was not until the 1970s that post-ascendancy agreements began to be widely accepted by the United States. Factors that contributed to this acceptance include the increase in divorce in the 1970s and the organization of so-called « no-fault » divorces that provided that a married couple could obtain a divorce without the need for misconduct against one or both spouses. As a result of these amendments, post-uterine agreements began to be accepted by U.S. jurisprudence.
 Although the additional agreements are considered enforceable, you or your spouse may challenge the validity of a post-marital agreement for certain reasons, including: One thing that cannot make a marital agreement – whether it is a post-nup or a pre-nup – is to stop keeping the children or to decide on custody of the children after the divorce. « You can`t evade your responsibilities to your children, » says Meghan Freed, the family lawyer. Support and custody are always to be decided until a court. However, a couple may use a post-Nup to supplement child care, for example by agreeing to have a spouse responsible for a certain amount of the child`s education or other expected costs. 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. Post-ascending agreements may include provisions relating to the distribution of property and property after divorce; The parameters for sped assistance Debt-sharing and what happens to assets after the death of a party. However, premarital and post-marital agreements cannot, as a general rule, include provisions relating to custody and custody of children.