Legal Question in Family Law in New York

Re: post-nuptial agreement

A post-nuptial agreement is, if properly drafted, a binding agreement setting forth some or all of the issues involving, typically, money, real estate, post-marital support, child support, retirement and investment investments/accounts, business ownership, etc. It is entered into by a husband and his wife and is, essentially, the same thing as a pre-nuptial agreement, just executed after the marriage is formalized.

Courts -- which are the bodies that enforce a post-nup if its terms are invoked -- require that the terms be reasonable, don't pauperize either party or the children of the marriage, be entered into freely as the result of real informed constent and full disclosure by both husband of wife of their net worth (and the underlying assets and liabilities). It is typical these days to video tape the execution and notarization of the final document. Sometimes, depending on the need, a copy or a summary is filed against the deed(s) of any affected real estate in the appropriate county clerk's office(s). This typically, and realistically, requires the assistance of an attorney to draft, execute and, if needed, file.