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Understanding Postnuptial Agreements
While many couples think about prenuptial agreements after walking down the aisle, a postnuptial agreement occurs after a couple gets married. Postnuptial agreements can be reached when couples want to protect assets and income and divide them up in the event of a divorce or death.
Standards for Creating a Postnuptial Agreement
When forming a post-marital agreement, there are certain rules that need to be followed to keep the agreement from being nullified in court.
Complete and fair disclosure. Everything touching on finances, income, and other things mentioned in the agreement need to be put out in the open.
The other important condition of postnuptial agreements is that both parties should have independent legal representation. This means you must hire separate lawyers and that each lawyer should attach a certificate of independent legal representation to the agreement.
A postnuptial agreement should also be signed intentionally and voluntarily. Any indication that one partner threatened or coerced the other into signing the agreement automatically nullifies it. Oral postnuptial contracts are considered invalid. Postnuptial contracts have to be in writing.
A postnuptial agreement needs to be unconscionable. A contract that is one-sided or unjust towards one of the parties is not enforceable.
In most cases, to make a postnuptial contract valid, the signatures of both parties have to be notarized. Some state laws require that the parties’ signatures be witnessed.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
All debts and assets of your relationship together with any past or anticipated debts that could potentially ruin your marriage
The family’s spending habits. Oftentimes in a marriage, you will find that one spouse is the sole bread winner while the other cares for the children. This is one reason the stay-at-home spouse may want to secure their financial future by entering into a postnuptial agreement
How you expect to divide property after a divorce. The main motivation for a post-nuptial agreement is to divide property in case of a divorce instead of having the state dictate the way marriage property will be divided
How you expect to divide property after one of you dies. This is important especially for people who are in their second or third marriage or a family where the children are from different spouses. If a will is in place, the post-marital agreement will simply uphold the terms and conditions of the will.
When to Avoid a Postnuptial Agreement
Postnuptial agreements are not for every spouse. A low earning spouse may receive less alimony and property in a postnuptial contract than if the case was to go to trial. A wealthy spouse who wants to avoid alimony, or who does not want to divide the family business, may use a postnuptial agreement to protect their assets and income in future.
How A Lawyer Can Help In Postnuptial Agreements
Legal Counsel: As stated earlier, postnuptial agreements are not for every couple. While there may be legal mechanisms of avoiding exploitation in postnuptial contracts, in some cases, it is either wrong or wise to enter into such agreements. Your lawyer will advice you on the implications of getting into a postnuptial agreement.
Protecting Your Interests: One of the basic rules of postnuptial agreements is fairness. Your lawyer will ensure that the agreement is in your best interest.
Enforcing Postnuptial Agreements: Postnuptial contracts are made to be enforced in the event of the death of one spouse or after a divorce. Your lawyer will ensure that all the terms and conditions of the prenuptial contract are met.
A post nuptial agreement is based on the same principle as a prenuptial agreement. The difference between the two is that a prenuptial contract is entered into before marriage while a post nuptial contract is entered into after a couple is married. In a post nuptial agreement, partners will disclose to each other the property and money they own in an effort to distinguish marital and separate property. This agreement may also sets forth the responsibilities and rights that partners have during the marriage including how money and assets will be distributed in the event of a divorce or the death of one of one partner.
Are Post-Nuptial Agreements Enforceable
While many states recognize postnuptial agreements, some jurisdictions have explicit laws that cover postnuptial agreements while others subject postnuptial agreements to the rules of contract laws. Where there is no applicable law, case law will be used to determine whether a postnuptial agreement is valid.
To increase the possibility of enforceability:
•Each spouse should have their own lawyer
•Each spouse should honestly and fully disclose their income and property
•The contract should not involve issues of child custody or child visitation
•The agreement should be in writing
•The agreement should be entered into voluntarily- no party should feel pressured into entering into the agreement
Why Would You Need a Post-Nuptial Agreement?
As indicated earlier, the reason couples get into a postnuptial agreement is to decide on how to divide income and property in case of a tragic event. Some of the other reasons a couple may need a post nuptial agreement include:
•When one of the spouses is jobless and completely dependent on the other for income. One spouse may opt to stay at home and raise the children. In such a scenario, a postnuptial will make sure the stay at home spouse is catered for in case the marriage ends.
•When in-laws want to pass assets or property to their children. With postnuptial agreements, inheritance agreements can be structured in a manner that acknowledges the wishes of the deceased.
•To cater for arguments over money. One of the main reasons for a postnuptial agreement is to cater for money disputes between spouses. The agreement ensures that both spouses are treated fairly in the event of a divorce.
Under What Circumstances Can a Post-Nuptial Agreement Be Terminated?
Some of the grounds for terminating a postnuptial agreement include:
•Duress- Both parties are required to voluntarily agree to the contract. If one of the spouses is forced to enter into the contract, the agreement is invalid.
•Bias- The agreement needs to be consciousable. This means that the contract needs to be seen as fair to both partners.
•Non-complete Disclosure- Both parties need to fully disclose their assets. Failure to disclose the assets automatically ruins the legality of the contract
•Written Contract- Many states do not recognize postnuptial agreements based on a gentleman’s agreement. Postnuptial agreements that are not in writing are in most cases considered null and void.
How A Lawyer Can Help In a Post Nuptial Agreement
When getting into post-nuptial agreements, it is advisable to hire a lawyer. The first duty of your lawyer is to advice you regarding your rights and the implications of getting into a post-nuptial agreement. A high net worth spouse is likely to be advised against being involved in a post nuptial agreement. In case your lawyer advices you to enter into a post nuptial contract, they are supposed to ensure that all the elements of an enforceable contract are observed. Finally, in case of a divorce or the death of your spouse, your lawyer will take the necessary steps to ensure that all the terms and conditions of the post nuptial agreement are fulfilled.
