Prenuptial, Postnuptial and Separation Agreements
Spouses and prospective spouses can decide many financial issues themselves by agreement. Gregory Salant prepares, negotiates and reviews prenuptial, postnuptial and separation agreements, including agreements involving businesses and complex assets.
Formal requirements
To be enforceable in New York, a prenuptial or postnuptial agreement must be in writing, signed by both parties, and acknowledged (notarized) in the form required to record a deed. Terms concerning maintenance and child support are subject to additional legal standards, so they need particular care.
Independent counsel and disclosure
New York law does not make separate lawyers a strict requirement for an enforceable agreement. Still, each party having independent counsel and exchanging meaningful financial disclosure is strongly advisable. These factors can weigh heavily if one party later challenges the agreement as unfair or obtained through fraud, duress or overreaching, and courts may set aside agreements found unconscionable.
Separation agreements
A separation agreement can resolve property, support and parenting issues. A divorce may be based on living apart under a written separation agreement for at least six months. Terms concerning children remain subject to the court's review of the child's best interests.
Legal separation
New York has no automatic "legal separation." It requires a written separation agreement or a court judgment of separation. More answers are in the FAQ.