POST-NUPTIAL AGREEMENTS

What is a post-nuptial agreement?

Post-nuptial agreements are contracts made after marriage between two people who are still married that may set out responsibilities or ownership of financial assets.

I signed a separation agreement with my spouse one year ago. I am unhappy with its terms. How can I get out of it?

Once signed, separation agreements are extremely hard to void without proof that fraud, undue influence, duress or some type of overreaching caused the signer to sign the agreement.

My spouse is not living up to the obligations of the separation agreement we signed one year ago. What recourse do I have? How does this affect finalizing the divorce?

Various enforcement remedies, such as asking that your spouse pay for the failure to abide by the separation agreement t and wage garnishment (when a court orders an employer to withhold a specific portion of the paycheck and send it directly to the person owed the money) can be requested by a party whose spouse has failed to comply with the terms of the separation agreement. On rare occasions the failure to follow the requirements of the separation agreement will cause the entire agreement to become unenforceable.

Is a separation agreement necessary in New York State before a divorce is granted or can a divorce be granted without one?

A separation agreement is not necessary for a divorce to be granted. If you and your spouse wish to divorce but cannot agree to a separation agreement, you can file a divorce based on "no fault grounds".

My spouse and I signed a separation agreement one year ago. What happens now? Are we automatically divorced?

1. No, you are not automatically divorced. The separation agreement does not automatically convert to a divorce after the one year period.
2. If you and your spouse have been separated for one year and have abided by the separation agreement during that time, you both now have grounds for divorce.
3. One of you must now file for divorce.