New York Rules That Apply to Agreements Signed After the Wedding
Married couples face the same statute as engaged couples, along with closer review from the courts. Our Massapequa postnuptial agreement attorneys draft every agreement around five rules:
- Domestic Relations Law Section 236(B)(3) requires a postnup be written, signed by both spouses, and acknowledged in the same manner as a recorded deed.
- A duty of good faith. Courts scrutinize postnuptial agreements more closely than ordinary contracts and can set them aside when the terms or circumstances are unfair.
- Complete financial disclosure. Each spouse should see a complete accounting of marital property, retirement accounts, and debts before either one signs.
- Maintenance standards. A court asks whether maintenance terms were fair and reasonable at signing, then whether enforcing them would be unfair at the time of divorce.
- Limits on children's issues. Any provision touching custody or child support stays open to a judge's review, measured against the children's needs.
These rules shape how an agreement should be drafted from the very first meeting, including who prepares the disclosure schedules and when each spouse reviews the final draft with counsel.