What are Matrimonial Agreements?
A Matrimonial Agreement can be made before (prenuptial) or after (postnuptial) the marriage and is a document in writing, signed by the parties to the marriage, which can include provisions regarding: (i) the ownership and distribution of premarital or postmarital property; (ii) spousal support or maintenance; (iii) the custody, care, education, and support of children of the marriage; (iv) the waiver of a right to elect under a will; (v) other matters germane or relevant to the marriage. In New York, a Matrimonial Agreement must be fair and reasonable and may not be unconscionable or unjust. The advice and guidance of a New York divorce lawyer in drafting and finalizing such an agreement may very well be indispensable for ensuring that such an agreement is fair and reasonable and enforceable in court. A Matrimonial Agreement may also include a Separation Agreement or a Settlement Agreement, both of which also have to be signed by the parties to the marriage.
