Postnuptial Agreement Lawyer Nassau County

Married couples in Nassau County who want to formalize how property, assets, or spousal maintenance will be handled sometimes turn to a postnuptial agreement rather than waiting until a divorce is filed. Law Offices Of SRIS, P.C. assists clients with reviewing, drafting, and negotiating postnuptial agreements under New York law. A postnuptial agreement can address financial and property matters between spouses who are already married, and, when properly executed, can be enforced in a later matrimonial action. Questions about postnuptial agreements are fact-specific, and every situation is different. To discuss your circumstances, call (888) 437-7747 to request a scheduled consultation.

On this page

Postnuptial Agreements Under New York Domestic Relations Law

New York Domestic Relations Law § 236(B)(3) governs agreements made between spouses before or during a marriage, including postnuptial agreements. To be valid and enforceable in a matrimonial action, the agreement must be in writing, signed (subscribed) by both parties, and acknowledged or proven in the manner required to record a deed. A properly executed postnuptial agreement may address property division, the amount and duration of spousal maintenance, and other matrimonial matters between the spouses. Courts evaluate whether the agreement was fair and reasonable when it was made, and whether it remains not unconscionable at the time either spouse seeks to enforce it. Any provision in a postnuptial agreement that attempts to address child custody or child support remains subject to Domestic Relations Law § 240 and to modification by a court in the best interests of the child; spouses cannot use a private agreement to bind a court on custody or child support.

Drafting and Reviewing Postnuptial Agreements for Nassau County Couples

Couples pursue postnuptial agreements for a range of reasons, including a change in income, the start of a business, an inheritance received during the marriage, blended-family planning, or as part of a reconciliation after a period of marital difficulty. Because a postnuptial agreement can later be introduced in a matrimonial action filed in Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501, careful drafting matters. The firm’s attorneys review each spouse’s disclosure of assets and income, discuss how proposed terms may be viewed under the statutory fairness and unconscionability standards, and help clients understand how the agreement may interact with equitable distribution principles under Domestic Relations Law § 236(B) if a divorce is later filed. The Law Offices Of SRIS, P.C. does not guarantee any particular outcome in the negotiation, drafting, or eventual enforcement of any postnuptial agreement, and results depend on the facts of each matter.

What Nassau County Courts Look for When Reviewing a Postnuptial Agreement

New York courts examining the fairness of a postnuptial agreement often look at how the agreement was negotiated, not only at its final terms. Full and honest disclosure of each spouse’s income, assets, and debts before signing is generally relevant to whether the agreement will later be viewed as fair and reasonable. Each spouse having the opportunity to review the agreement with independent counsel, and adequate time to consider its terms before signing, are also factors that may be relevant if the agreement is later challenged. Because a postnuptial agreement addresses financial matters that can change substantially over the course of a marriage, spouses sometimes choose to review or update the agreement in writing as circumstances evolve, such as after a significant change in income, the birth of a child, or a change in health. Any amendment to a postnuptial agreement must independently satisfy the same statutory requirements under Domestic Relations Law § 236(B)(3) as the original agreement. This structure gives spouses flexibility to keep their financial arrangement current without having to renegotiate a divorce settlement from the outset if their circumstances change.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. and a former prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems. The firm was founded in 1997 and has been practicing family law matters, including postnuptial agreements, since that year.

The firm’s Of Counsel attorneys also assist clients with postnuptial agreement and other family law matters in Nassau County and throughout New York. Law Offices Of SRIS, P.C. does not offer free consultations; prospective clients may request a scheduled consultation by calling the firm’s intake line, which is staffed 24/7. The firm does not maintain a physical location in Nassau County, and its principal office is in Fairfax, Virginia, available by appointment.

Frequently Asked Questions

What is a postnuptial agreement?

A postnuptial agreement is a written contract entered into by spouses after they are already married, addressing matters such as property division and spousal maintenance in the event of a future divorce or separation.

Is a postnuptial agreement enforceable in New York?

Under Domestic Relations Law § 236(B)(3), a postnuptial agreement can be valid and enforceable in a matrimonial action if it is in writing, signed by both spouses, and acknowledged in the manner required to record a deed, and if its terms were fair and reasonable when made and remain not unconscionable when enforced.

Can a postnuptial agreement address child custody?

No. Any provision addressing child custody or child support remains subject to Domestic Relations Law § 240 and can be modified by a court based on the best interests of the child, regardless of what the spouses agreed to privately.

Does the firm handle postnuptial agreements for Nassau County residents?

Yes. Law Offices Of SRIS, P.C. assists clients located in Nassau County, although the firm does not maintain a physical location in the county. Consultations are scheduled by appointment.

Does the firm offer a free consultation for postnuptial agreement matters?

No. The firm does not offer free consultations. Prospective clients may call (888) 437-7747 to request a scheduled consultation.

What happens if a postnuptial agreement is later challenged in a divorce?

A spouse may argue that the agreement was not properly executed, was not fair and reasonable when made, or has become unconscionable. A court reviewing the matter, potentially in Nassau County Supreme Court, will examine the circumstances surrounding the agreement.

Can a postnuptial agreement cover spousal maintenance?

Yes. Domestic Relations Law § 236(B)(3) permits postnuptial agreements to address the amount and duration of spousal maintenance between the parties, subject to the same fairness and unconscionability standards.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.