What makes the agreement hold
New York sets formal requirements for agreements dividing marital property, including signatures acknowledged before a notary, and an agreement that misses them can be challenged even when both spouses meant every word. Courts also look at whether each side had a fair picture of the finances when signing. An agreement reached through concealment or pressure, or one with terms a court finds unconscionable, can be set aside. Full financial disclosure protects both the person receiving it and the person giving it, because it makes a later challenge harder. Many agreements are incorporated into the divorce judgment, and whether the agreement also survives as a separate contract affects how it is enforced or changed later.
Terms that need precision
Vague language is where many post-divorce disputes begin. Name each account and asset specifically, state values or the date used to value them, and say who pays which debt and what happens if a creditor pursues the other spouse. For a house, the agreement should address whether it will be sold or refinanced, who covers carrying costs until then, and how proceeds are split. Retirement accounts often need a separate court order to divide, and the agreement should say who prepares it. Bring recent statements, the deed and mortgage, loan balances, and any earlier agreement such as a prenup.
Reviewing a draft before you sign
Each spouse should have separate counsel review the agreement; a single lawyer generally does not represent both sides of a divorce. When you bring us a draft or term sheet, we compare it against the financial disclosure and flag terms that are unclear, missing, or likely to carry tax consequences. We also ask what you are giving up, since an agreement signed in a hurry is hard to reopen later. If the terms are fair and complete, our role may be narrow. If they are not, we talk about what to renegotiate before anything is signed.
