Marital Agreements in New York
Whether you are getting divorced, are in the midst of a divorce proceeding
but have decided to stay married or wish to resolve various property distribution
and support issues in the event of a divorce, the attorneys at Jeffrey
S. Schecter & Associates, P.C., with over sixty years of combined
experience, have the legal expertise to assist you. As there are various
types of marital agreements, our firm will ensure that the agreement best
suited for your needs and situation and ensure that the agreement is properly
negotiated, drafted and executed.
Stipulations of Settlement
Even the most contentious divorce cases may ultimately resolve via the
negotiation and execution of a settlement agreement. While the attorneys
at Jeffrey S. Schecter & Associates, P.C. are skilled trial attorneys,
we are equally adept at negotiating the terms of a settlement agreement,
also known as a stipulation of settlement, with your spouse's attorney.
Our attorneys will ensure that the stipulation addresses and resolves
all issues incident to your divorce and that your rights are protected.
The stipulation will set forth each party's respective rights and
obligations to each other once the matter is settled and will be incorporated
in the Judgment of Divorce that is ultimately signed by the Court. Our
firm will be with you every step of the way, will explain all the terms
of any proposed stipulation before it is executed by you and your spouse,
and will answer all questions that you have concerning the term thereof.
Separation Agreements & Postnuptial Agreements
In the event that you and your spouse wish to settle your differences with
a settlement agreement but still remain married, the option of a separation
agreement or a postnuptial agreement is available. A separation agreement
is a settlement agreement which addresses and resolves issues of property
distribution, spousal support, child support, custody and parenting time
but where the parties decide to live separate and apart without finalizing
a divorce. This option is attractive to people who are not sure that they
want to divorce, or wish to remain married because it is mutually beneficial
for them to do so but want the certainty of having a written settlement
agreement in the event that they choose to divorce in the future.
A postnuptial agreement is similar to a separation agreement. However,
rather than living separate and apart, the parties execute such an agreement
with the intention of moving forward as an intact marital unit. Spouses
may also wish to sign a postnuptial agreement after marriage to the extent
that a prenuptial agreement was not signed beforehand or if issues arise
that the parties wish to address and resolve just in case they divorce
in the future. If the parties to a postnuptial agreement ultimately divorce,
the agreement will resolve many of the issues that could have otherwise
been in dispute thereby reducing potential conflict. The attorneys at
Jeffrey S. Schecter & Associates, P.C. will answer any questions that
you have concerning whether a separation agreement or a postnuptial agreement
is in your best interests.
Prenuptial Agreements
A prenuptial agreement, also known as an antenuptial agreement, is a binding
contract that prospective spouses sign before they marry, which defines
their respective rights and obligations during the marriage in the event
of a divorce. A prenuptial agreement can address and resolve numerous
issues, such as defining rights of separate property and marital property,
how marital property will be divided in the event of a divorce, spousal
support in the event of divorce and even rights of inheritance in the
other spouse's estate. If you wish for your prospective spouse to
sign a prenuptial agreement or if your prospective spouse is asking you
to sign a prenuptial agreement, it is imperative that you have experienced
legal representation so that the agreement is drafted properly and protects
your rights. Jeffrey S. Schecter& Associates, P.C. has represented
numerous clients in connection with the preparation and negotiation of
prenuptial agreements, many of which involve parties with high net worths.