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Prenuptial And Postnuptial Agreements


No one who is happily contemplating marriage, or who is happily married, wants to think about the prospect of the marriage ending in divorce. However, the reality is that about a third of all first marriages end in separation or divorce within 15 years[1], and if you have been married more than once, the percentage is even higher. If you are bringing your own property and assets into your marriage, it may be prudent to enter into a Prenuptial Agreement.

The lawyers at the law firm of John N. Fath, P.C. have over twenty-five years of experience ushering couples through the divorce process in Nassau County and Suffolk County. This experience gives us the ability to identify possible points of contention should a divorce occur and to structure your Prenuptial Agreement in such a way as to minimize any discussion or argument about how property should be distributed.

We will sit down with you and work through which properties will be considered separate property (not subject to equitable distribution in a divorce) and which will be considered marital property (subject to equitable distribution). We will help you decide what should happen to the home, business, stocks, retirement plans, and other assets you have accumulated while single should your marriage end in divorce. A Prenuptial Agreement also can provide for how property will be handled in case of death, and for how couples will deal with pre-existing debts during the marriage and in case of divorce.

Prenuptial Agreements can be a touchy subject to bring up with your prospective spouse. We can help you structure your Prenuptial Agreement so that it will be enforceable only for a fixed period of time, say 10, 15 or 20 years. After that time, if you are still married, the Prenuptial Agreement will expire. In our experience, this structure often makes your future spouse more comfortable with the idea of entering into a Prenuptial Agreement. This is also an excellent opportunity for both of you to be open and honest with each other about exactly what your assets and liabilities are, which is an important prerequisite to a happy and healthy marriage.

Call or email the attorneys at the law firm of John N. Fath, P.C. today to discuss whether a Prenuptial Agreement is right for you.


There are times when couples decide after they marry to enter into an agreement that sets out how property and debts will be divided in case of divorce. Postnuptial Agreements are structured the same way as Prenuptial Agreements – the only difference is that they are signed after the wedding rather than before.

The attorneys at the law firm of John N. Fath, P.C. have over twenty-five years of experience helping couples work out property settlements before, during and after marriage. We will sit down with you and go over your assets and liabilities and give you reasoned, reliable advice on the best way to protect these assets in case of a divorce.

Call or email us today to discuss whether a Postnuptial Agreement is right for you.

[1] Apparently, statistics that cite a higher divorce rate are incorrect. See the discussion in “Misreporting on Divorce,” Justin Wolfers, The New York Times, March 21, 2008.

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  • Patchogue Office
    629 Route 112
    Shore building, Suite 7
    Patchogue, New York 11772
    Phone: 631-654-2303
    Fax: 631-289-8305