Marital Agreements can be divided into several categories: Prenuptial Agreement, Post-Nuptial Agreement, and separation agreements and Settlement Agreements. These agreements between the spouses can always be made with court’s intervention. However, many times a well drafted Marital Agreement prepared by an attorney can save years of litigation by an embattled couple who suddenly find the courtroom to be their new battleground and save you thousands of dollars in legal fees and millions in saved assets.
A Post-Nuptial Agreement can always be even during the marriage. Usual clauses include ownership of businesses or property, division of separate property; division of marital property; clauses for custody and support of any children created during the marriage. These Matrimonial Agreements must be under New York case law, fair and reasonable at the time they were signed by the parties and certainly cannot be unconscionable against one party.
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