Artwork
iconShare
 
Manage episode 520346247 series 3376163
Content provided by Viktoria Altman. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Viktoria Altman or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://staging.podcastplayer.com/legal.

From Juan Luciano Divorce LawyerHow Prenuptial and Post‑Nuptial Agreements Affect Divorce Mediation in New York explores how prenuptial and post‑nuptial agreements shape the divorce mediation process in New York State. This episode will unpack how these agreements act as guide‑rails in mediation, allowing couples to steer outcomes rather than leave things solely to the court. We’ll dig into the difference between prenups (signed before marriage) and postnups (signed after), and how each affects asset division, spousal support, and the default equitable distribution system in New York. The brand’s insights cast light on how mediation can shift from adversarial to collaborative when the groundwork is set.

Next, we’ll step into the legal mechanics: what makes a marital agreement enforceable in New York? The article outlines the pillars: written form, notarization, full financial disclosure, voluntariness, and terms that are not unconscionable. We’ll discuss how these procedural requirements influence the mediation timeline and strategy. For couples heading into disputes over property or support, knowing the validity‑checklist gives them a clearer roadmap and can reduce surprises during mediation sessions.

Then we’ll turn to how the presence of a valid agreement transforms the mediation environment. Rather than re‑negotiating every asset or debt, mediation can focus more on implementation and transition. The agreements help define separate versus marital property, create clarity around who owes what in debt, and set expectations for maintenance. They also offer ways to respond to life changes—inheritances, business interests, career shifts—via post‑nuptial adjustments built in. We’ll explore how this clarity can save time, lower cost, and preserve emotional energy during what is often a stressful process.

Finally, we’ll consider when these agreements may still face challenges in mediation and divorce in New York—what happens if the agreement is contested, or if parties feel coercion or lack of disclosure? We’ll highlight practical tips for couples and mediators: why starting early matters, engaging separate counsel, documenting full asset lists, avoiding last‑minute rushes, and using mediation proactively rather than defensively. Whether you’re preparing a mediation, drafting an agreement, or simply want to understand your rights and options, this episode from Juan Luciano Divorce Lawyer gives you the tools to approach divorce mediation with clarity and confidence.

Juan Luciano Divorce Lawyer - Manhattan

347 5th Ave STE 1003, New York, NY 10016, United States

(212) 537-5859

https://www.google.com/maps?cid=4020903599192949720

  continue reading

1882 episodes