How Postnuptial Agreements Offer Protection After Marriage

by Robert E. Hornberger, Esq | Nov 30, 2021

How Postnuptial Agreements Offer Protection After Marriage

Getting married is an exciting, romantic major life event that every couple rightly gets swept away in. It’s a thrilling, whirlwind time when you and your partner make plans for your beautiful future together. In all the excitement of planning the wedding, and their future together, many couples forget to cross the t’s and dot the i’s on legal issues, paperwork, and other red tape while they’re caught up in the whirlwind of wedding planning.

For all the appropriate romance, a marriage is a legally binding contract and should be treated as such by the betrothed. One of the things often overlooked in all the wedding planning is the matter of the Prenuptial agreement. Some couples feel that if they’re really in love, they don’t need a prenup. For others, a prenup simply slips their mind in between catering, gowns, and decor. In these days of couples getting married later in life, when they may bring more assets into the marriage than in days past, a pre-nup is more important than ever.

Fortunately, if you’ve neglected to get a prenup before your marriage, it’s not too late. You can still obtain a postnuptial agreement — a similar legally binding document that offers equal protection after the wedding has already taken place. Here’s what you should know about post-nups.

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Do You Need a Long Island Prenuptial Agreement If You Have No Assets?

by Robert E. Hornberger, Esq | May 28, 2019

Do You Need a Long Island Prenuptial Agreement If You Have No Assets?

Many people on Long Island believe that prenuptial agreements are for affluent or older couples who have prior assets and are entering into marriage. They believe that since they’re young and have few assets, a prenup isn’t for them. However, this isn’t usually the case. Prenuptial agreements can put protections in place for all soon-to-be wed couples, even if they don’t have a lot of money to their name. Here’s what you need to know about Long Island prenuptial agreements and how one can protect your interests, well-to-do or not. (more…)

5 Reasons Long Island Prenuptial and Postnuptial Agreements Could Be Found Unenforceable

by Robert E. Hornberger, Esq | Feb 5, 2019

5 Reasons Long Island Prenuptial and Postnuptial Agreements Could Be Found Unenforceable

Traditionally, a premarital agreement (prenup) is signed by both parties before the wedding. A postnuptial agreement (postnup) is similar, however, it takes place after the wedding. These agreements are designed to protect the assets of each individual entering the marriage and provide a guide as to how property should be allocated and if alimony or spousal support will be paid and under what conditions, among other things. However, a prenup or postnup needs to be valid to be enforceable on Long Island. Here are 5 reasons your prenup or postnup could be found unenforceable. (more…)

What Can & Can’t Be In a Long Island Prenup?

by Robert E. Hornberger, Esq | Oct 30, 2018

What Can & Can’t Be In a Long Island Prenup?

Although getting married is an exciting and romantic time for a Long Island couple, there are a few things that need to be in order first — and we’re not talking about the wedding decorations. A prenuptial agreement is an important document that addresses the property rights and assets of each individual should they get a divorce at some point in the future. Some people say that true love doesn’t need a prenup, but nothing could be further from the truth. A prenuptial agreement is essential for all New York marriages. Before you draft your prenup, understand what can — and should — be included, and what you can’t list on this type of legal agreement. (more…)

Prenuptial Agreements Aren’t Always Valid & Enforceable on Long Island

by Robert E. Hornberger, Esq | Apr 3, 2018

Prenuptial Agreements Aren’t Always Valid & Enforceable on Long Island

Validity of Prenuptial Agreement after Recent New York Appellate Division Case

For many couples on Long Island, having a Prenuptial Agreement drawn up before their marriage is a basic assumption of their relationship. Prenuptial agreements are an attempt, prior to marriage, to arrange the consequences of marriage and/or its dissolution. Prenuptial agreements can include terms of maintenance, ownership and division of property, as well as testamentary provisions. However, for the prenuptial agreement to stand up in court post-marriage and dictate the terms of dissolution, it must be found valid.

General Validity of Prenuptial Agreements (more…)

Why You Should Consider a Prenuptial Agreement on Long Island

by Robert E. Hornberger, Esq | Dec 26, 2017

Why You Should Consider a Prenuptial Agreement on Long Island

We see many Long Island couples for whom the words “prenuptial agreement” make them squirm. It is our firm belief, however, that for those same couples, a prenuptial agreement is one of the smartest decisions they could make. Prenuptial agreements involve a less negative connotation when couples understand the concept better.

What is a Prenuptial Agreement?

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Add Prenuptial Agreement to Your Wedding Planning Checklist

by Robert E. Hornberger, Esq | May 30, 2017

As we enter the Long Island wedding season, many soon-to-be spouses are finishing up the details and planning of their upcoming nuptials. As an experienced Family Law Attorney, one often overlooked detail I often see is that of the prenuptial agreement, which can be an essential component of the wedding plan.
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Value of Prenuptial and Postnuptial Agreements on Long Island

by Robert E. Hornberger, Esq | Feb 7, 2017

Prenuptial Agreements and Postnuptial agreements can save Long Islanders a great deal of stress in the event of a divorce or breakup. A divorce and breakup represents one of the most difficult times in a Long Islander’s life. These events cut at the core of one’s life and family relationships. To exacerbate the emotional component of divorce, the financial aspect of divorce only makes things worse. Splitting the assets and determining who keeps the money and property creates tremendous stress on all parties. For this reason, many Long Island divorce attorneys will recommend a prenuptial or even postnuptial agreement that addresses these issues ahead of time. (more…)

Confidentiality Clauses In Long Island Prenuptial Agreements

by Robert E. Hornberger, Esq | Jan 31, 2017

For a number of reasons, many Long Islanders choose to include confidentiality clauses in their prenuptial agreements. This is an important issue, particularly when there is a high net-worth or risk or negative publicity involved in the relationship. Anyone entering into a prenuptial agreement should consider adding these clauses if they wish to ensure their privacy in the event of divorce. (more…)

Long Island Prenuptial Agreements Strengthen Marriages

by Robert E. Hornberger, Esq | Nov 1, 2016

As a Long Island divorce attorney I see an increasing number of Long Island couples choosing to enter into prenuptial agreements before they get married to ensure their interests are protected in the event of divorce down the road. While this may seem negative or depressing to many, what those people do not consider, however, is that a prenuptial agreement can actually be beneficial to the marriage. Not only do prenuptial agreements protect soon-to-be spouses in the case that the marriage does not work out, but the process of entering into these agreements requires that couples take an honest and intelligent approach to the marriage rather than be simply carried away by emotion. This can actually set the stage for a healthier, and more long-lasting marriage in the long run. (more…)