Ideally, a prenupe should be made well before the wedding to give time to carefully check finances and other information and also to avoid the stress of finding an agreement just before the wedding. When individuals attempt to question the validity of a prenup during the divorce process, the court will generally look at how shortly before marriage the prenup was made as a factor in the determination; in some cases, the signing of the Prenup shortly before the marriage undermined the applicability of the agreement. On the other hand, a post-marriage agreement can create problems in a marriage that were not obvious before, or aggravate existing problems, leading to serious questions of trust, cooperation and mistrust – simply negotiating for a scenario that would be so can create tensions and force you to think about a future that might never become reality , and thus to taint a healthy relationship. If carefully constructed and constructed with a wise lawyer, a marital agreement should be enforceable, but in the end, that decision is up to the judge, so it is not totally firmly. A post-marriage agreement is basically the same as a marriage agreement, except that you and your spouse enter it after you and your spouse have already married instead of getting married. In a post-uptial agreement, you and your spouse reveal from each other all the money and property you currently own, both separate property and marital property. Then you set out the rights and obligations that each of you will have during the marriage, including how you will share your money and property in the event of divorce or death of any of you. A valid post-uptial agreement is recognized by the New York courts. To be valid, the agreement must protect both spouses. Moreover, it cannot be achieved by fraud, coercion or coercion or if there is an inequality with the conditions. In addition, there must be full and fair disclosure of all assets of both parties prior to the conclusion of the post-uptial agreement. And both spouses must have independent legal assistance for the agreement to be enforceable. Finally, the agreement must be executed and certified notarized.
Since spouses owe each other a trust obligation when entering into a legal contract, spouses must ensure that all finances are fully disclosed and that each party enjoys a fair activity without any threat or coercion. In general, courts are more likely to declare a spousal agreement invalid because of the obligations that exist between spouses. However, as long as the finances are fully disclosed, each spouse enters into the agreement of his own volition, and each party has spoken with a lawyer, the courts allow for post-mortal arrangements to dictate support and distribution of property.