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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.