Matrimonial law extends well beyond the dissolution of marriage. The agreements that frame a marriage at its outset, the agreements that restructure it during its course, and the agreements that govern the parties during a period of separation are each consequential instruments that will shape the financial and personal lives of the parties for years. The Law Office of Adrienne D. Edward, P.C. represents clients across the full range of matrimonial concerns with the discretion these matters require and the rigor that durable agreements demand.
Prenuptial Agreements
A well-drafted prenuptial agreement allows the parties to define the financial terms of their marriage before it begins — the characterization of separate and marital property, the treatment of appreciation on separate property during the marriage, the waiver or modification of maintenance obligations, and the disposition of specific assets in the event of dissolution. New York's General Obligations Law § 3-303 and the corresponding New Jersey statutes set the requirements for enforceability: a writing, an acknowledgment, full financial disclosure, and the absence of duress. The firm drafts prenuptial agreements that are designed to withstand challenge years later, when the circumstances of their execution have receded into memory.
Postnuptial Agreements
A postnuptial agreement is a contract between spouses that addresses the same subject matter as a prenuptial agreement but is executed after the marriage has begun. Postnuptial agreements receive heightened scrutiny in both New York and New Jersey because of the fiduciary relationship between spouses, and the firm prepares them with the procedural care that scrutiny requires — independent counsel for each party, complete financial disclosure, and consideration that is recited and documented. A postnuptial agreement entered with care can resolve financial questions that have arisen during the marriage and stabilize the relationship going forward.
Separation Agreements
A separation agreement is a contract that governs the parties during a period of separation and that frequently serves as the foundation for a later judgment of divorce. The agreement addresses the same subject matter as a divorce judgment — equitable distribution, support, custody, and parenting time — but does so without dissolving the marriage. In New York, a separation agreement that has been duly executed and acknowledged and on which the parties have lived separately for one year provides a ground for divorce under Domestic Relations Law § 170(5). The firm drafts separation agreements with attention to their dual function as governing instruments and as the foundation for later dissolution.
The Treatment of Closely Held Businesses
Where a spouse owns or has an interest in a closely held business or professional practice, the matrimonial agreement must address the characterization of that interest, the treatment of its appreciation during the marriage, and the mechanism by which the non-owning spouse will receive the equitable share to which he or she may be entitled. The firm has substantial experience with these issues — the appropriate valuation methodology, the treatment of personal goodwill, the structuring of buyout obligations, and the protection of the operating business from disruption during the matrimonial proceeding.
Estate and Tax Considerations
Matrimonial agreements interact with estate planning and tax planning in ways that can be either coordinated or contradictory. A prenuptial agreement that waives elective share rights without coordination with the estate plan can produce unintended consequences on the death of the first spouse to die. A property transfer pursuant to a separation agreement can be tax-free under Internal Revenue Code § 1041 if properly structured and otherwise taxable if not. The firm coordinates with estate counsel and tax counsel as the matter requires, so that the matrimonial agreement does not undermine the related planning.
Modification and Amendment
Marital agreements are not static. The circumstances of the parties change — children are born, businesses are sold, careers are interrupted, inheritances are received — and the agreement that fit the parties at execution may not fit the parties a decade later. The firm advises on the modification and amendment of matrimonial agreements when the changed circumstances warrant it, and prepares amendments with the same procedural care as the original agreements.
Enforcement When Disputes Arise
When a matrimonial agreement is challenged or breached, the firm represents clients in the enforcement litigation that follows — actions to declare the agreement valid and enforceable, actions to compel performance of specific obligations, and actions to set aside agreements that the other party contends were procured by fraud, duress, or unconscionability. The firm's combined transactional and litigation experience in matrimonial law is particularly valuable in enforcement matters, because the lawyer who litigates the agreement understands what the lawyer who drafted it intended.
