Matrimonial and Family Law

Seymour J. Reisman Partner

Marital and Pre-Marital Agreements

Whether you are preparing to get married or are experiencing a significant change within your marriage, you may require one of various types of agreements, such as pre or post-nuptial agreements.  The Family Law attorneys at Reisman Peirez Reisman & Capobianco LLP are well-versed in these various types of agreements and can assist you no matter what situation you are facing.

Pre-Nuptial Agreement – As the name implies, a Pre-Nuptial Agreement is a legal agreement that is signed before a marriage, which can address all issues one would face upon death and/or divorce.  We recommend that a couple consider a Pre-Nuptial Agreement if one or both of the parties:

  • Has children and needs to protect and preserve assets for them against a new spouse’s right to a deceased spouse’s estate whether through a will or intestate
  • Will receive a degree during the marriage that will result in earning a substantially larger income
  • Will receive a substantial inheritance
  • Owns a house, business or other property
  • Have substantially more assets than the other partner.

Post-Nuptial Agreement – This is an agreement entered into by parties after a marriage which addresses the division of financial assets and other issues which have to be resolved in the case of a divorce or death.  This allows the parties to discuss and negotiate issues in a cordial, amicable setting, before a divorce action is contemplated, to resolve them without the emotional and adversarial position which would be taken in a divorce action.

Separation Agreement – One of the grounds for a divorce in New York State is living separate and apart for a year or more pursuant to a validly executed Separation Agreement.  A Separation Agreement contains most, if not all, of the terms which would be incorporated into a divorce agreement or Stipulation of Settlement, including the division of assets, custody of the children, support, life and medical insurance and estate rights.  However, the parties remain married, living under the Agreement until one or both of them choose to proceed with obtaining a divorce.

Settlement Agreement or Stipulation of Settlement – This is an agreement entered into in anticipation of or after the commencement of the divorce action, in which the parties determine the division of financial assets and support, custody, life and medical insurance, estate rights and other issues, which would have to be addressed in a divorce action.  The Settlement Agreement or Stipulation of Settlement allows the parties to chart their own course with respect to their divorce, rather than having a judge determine the issues which might be in dispute.

No matter which situation you may be in, our Family Law attorneys will work with you to reach the best agreement to protect your rights and interests, and to prepare you for long-term financial stability, while avoiding costly litigation and emotional pain.