Will a post nuptial contract really give me peace of mind?

According to the American Psychological Association, a staggering 40% to 50% of marriages end in divorce. Considering this undeniable yet bitter truth many couples agree on a prenuptial contract prior to their marriage which will determine the terms and conditions of the divorce if the marriage was to end in a divorce.

However, another alternative to the prenuptial contract is a post nuptial contract which is pretty much the same apart from the fact that a post nuptial divorce is actually fabricated after the couple is legally married to each other say New York divorce lawyers.

Requirements of a Post Nuptial Contract

Requirements to get a post nuptial contract vary among states based on specific laws. Therefore, to ensure that you know what exactly the requirements in your state are, it would be wise contact a divorce attorney in NY or in your state in particular.  

For the most part, these are the typical legal requirements of a post nuptial contract.

• The contract needs to be in a written form and must be attested by both spouses. A verbal agreement about how assets will be divided in the case of a divorce cannot be enforced. It must be written and signed.
• The contract should be mutual and agreed upon by both spouses. It is illegal for one spouse to force, threaten, manipulate, or deceive the other spouse into entering a post nuptial contract.
• The post nuptial contract should be balanced and fair at least to a reasonable extent and should not heavily favor one spouse. Whether or not a contract is fair will be determined by the judge using his or her discretion.
• The post nuptial contract is only valid where there is full discretion from both parties entering the contract as to their net worth, assets, income, etc.

Peter La Fleur (Vince Vaughn) in the movie Dodgeball: A True Underdog Story ended up very wealthy. He was single at the time but it was insinuated that he had something going on with Kate Veatch (Christine Taylor) and she seemed to reciprocate those feelings. Now if they were to get married it may make some sense for Peter to sign a post-nuptial agreement since he came into the marriage a millionaire. He was far wealthier than Kate. He should protect his interests if he chose not to sign a pre-nup.

Click on one of the links above or below and go to USAttorneys if you even think you may need legal help. New York divorce lawyers are ready to render you assistance. 

You need to protect your interests. You have to plan for all contingencies.

Will a post nuptial contract be enforced by the court?

In the opinion of New York divorce lawyers, in most circumstances, if you have a written and signed a post nuptial contract that both spouses agree with, then the judge will usually have no reason to decline its enforcement. However, there are exceptions and the judge could still throw out or invalidate a post nuptial contract if it is deemed to fail legal review.

For example a post nuptial agreement cannot dictate divorce terms such as child custody or child support. It cannot, obviously, encourage divorce in any manner or form neither can it require a spouse to commit an illegal act or fraud as an inherent term.

If you’re going through a divorce, it can be a highly stressful and emotional time. In addition, divorce litigation is complicated and will only further add to your problems and stress. Therefore, it would be wise to consult a New York divorce lawyer as soon as possible who will take care of a lot for you while you can clear your mind. Some decisions you should not make on your own.

If you need divorce legal help, click right here Divorce.USAttorneys.com. Contact us if you want. We can help you obtain that legal counseling that you need.