Matrimonial Agreements

Nassau and Suffolk Matrimonial Agreement Lawyer

By J. Douglas Barics

Matrimonial agreements are simply contracts between spouses or ex spouses.

These agreements include the following:

Prenuptial agreements
Post nuptial agreements
Separation agreements
Stipulations of settlement
Modifications to any prior agreement

Certain issues require mandatory language that cannot be waived for it to be enforceable. These include:

Any agreement involving child support
Any agreement involving spousal support

When other issues are settled, the language of the agreement is critical to define each person's rights. Any omission on the following issue can be viewed as a waiver

Equitable distribution
Pension rights as it flows from equitable distribution
Rights to 401(k), IRA or other tax deferred accounts as they flow from equitable distribution

Putting these all together means that basic contract drafting is the starting point. From there, the mandatory language required by DRL 236 B (3) is required, as well as the mandatory language for both child support and spousal maintenance. The inclusion of this language is only the starting point to insure it is enforceable.

From there, making sure that all aspects of equitable distribution are spelled out clearly, as equitable distribution cannot be raised after judgment without vacating the entire judgment.

Good practice in drafting an agreement involves showing the work how numbers are arrived at whenever possible. The reason is if there is a mistake in the agreement that nobody catches and the parties cannot resolve them, the work allows the court to revise the agreement if an action to reform the agreement is commenced.

Do you need representation in a matrimonial agreement?

Matrimonial Agreements in New York

What you need to know about Matrimonial Agreements

What is a matrimonial agreement?

A matrimonial agreement is an agreement that addresses the rights and responsibilities of both spouses.

Are there different kinds of matrimonial agreements?

Yes.

Prenuptial agreement
Post Nuptial agreement
Stipulation of settlement
Separation agreement
Modification to an existing agreement

What are the advantages of a matrimonial agreement?

It allows the parties to resolve any financial issues on their terms.

What are the disadvantages of a matrimonial agreement?

By its nature, an agreement implies the marriage may not work out and that if it doesn't, the parties do not trust each other.

Are matrimonial agreements enforceable in New York?

Yes. However any agreement can be challenged. A well crafted agreement is likely to withstand a challenge to it later on.

What are issues are covered in a New York matrimonial agreement?

An agreement can be all encompassing or cover only select issues. The following issues are some of the more common ones covered in matrimonial agreements.

Classification of property as marital or separate
Division of property
Division of debts
Waiver of rights in a divorce action
Disposition of assets in the event of death
Special considerations for one spouse's interest in a closely held family corporation
Whether any additional rights exist for living together prior to the marriage

Is a matrimonial agreement required in New York when getting a divorce?

No. If there is no agreement, the court will decide all issues for the parties.

Contact Our Matrimonial Agreement Lawyer Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to draft and review any type of matrimonial agreement. With over 25 years of matrimonial experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled divorce lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.

For a free phone case consultation or to schedule an office meeting, call 631-864-2600.