In this article, you can discover:
- The possibility of modifying or revoking a postnuptial agreement.
- The limitations of postnuptial agreements regarding child custody and support.
- The significance of legal counsel during the creation of a postnuptial agreement.
Can A Postnuptial Agreement Be Modified or Revoked After Marriage?
Yes, postnuptial agreements can be modified or revoked. Revocation is simple – destroying the original agreement effectively cancels it, as only the original is generally enforceable under New York State law. Modification, however, requires the same formalities as the original agreement. Both parties must agree to the changes, sign the modified agreement before a notary, and attach a certificate of acknowledgment to it.
Does A Postnuptial Agreement Cover Child Custody and Support?
While postnuptial agreements can address issues such as child custody and visitation, they aren’t enforceable by themselves. For example, if one parent violates the agreed-upon custody schedule, the other parent’s only remedy is to file a petition in family court or commence divorce proceedings. The postnuptial agreement can then be incorporated into a court order, making it enforceable.
Is An Attorney’s Presence Required When Signing a Postnuptial Agreement?
Although not required at the signing stage, it is highly recommended that each party has an attorney during the negotiation and drafting of the agreement. Even if one party chooses not to retain counsel, they should at least be advised to consult with an attorney. The decision to forgo legal advice is ultimately theirs.
What Happens If a Party Breaches A Postnuptial Agreement?
If a postnuptial agreement is violated, the aggrieved party theoretically can sue for breach of contract. However, this action is rarely pursued. Instead, most opt to file for divorce if an agreement is breached, which leads to enforceable court orders. Breach of these court orders can result in severe penalties, including financial sanctions or even jail time.