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Steps to take when getting a postnuptial agreement

Although divorce happens in every state, New York has a relatively low divorce rate when compared to other states. In fact, an article in Business Insider found that New York City itself had the lowest rate of divorce out of any major metropolitan city in the United States.

While most couples familiarize themselves with prenuptial agreements prior to the marriage, most people remain unaware of postnuptial agreements. Such agreements serve the same function as prenups, except a couple obtains one after they are already married. There are a variety of circumstances where couples realize they require an agreement, and it is important for them to go through the process properly so a court recognizes the agreement in the event of a divorce. 

Get the agreement in writing

An oral agreement will not stand up in court. Therefore, both spouses need to sign the agreement and get it notarized. Additionally, it must be clear both spouses have disclosed all assets before agreeing to sign the postnuptial agreement. In the event one spouse discovers the other partner hid assets after the divorce, then the agreement can likely become revoked.

Ensure it is not one-sided

When a judge reviews a postnuptial agreement, he or she needs to make sure it does not overly compensate one spouse over the other. Contrary to popular belief, a postnuptial agreement cannot ensure one spouse who makes all the money keeps all of it while the spouse who stayed at home receives nothing. There will likely need to be some kind of alimony involved with the divorce, but with an agreement, it can be an amount both spouses agree on and are comfortable with. 

Have attorneys review it

Once the agreement is in writing, both spouses should have their respective attorneys review it. This is to ensure the couple did not skip over any crucial items. It is important for both spouses to have a lawyer look it over, or else a court may throw it out. 

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