At Strong Family Law, we specialize in helping couples create fair and equitable Postnuptial Agreements.
A Postnuptial agreement is a written and executed agreement after the marriage that settles any affairs or applicable property division should the couple file for a divorce or a legal separation.
Postnuptial Agreements must be:
in writing (cannot be done via oral agreement)
under full disclosure at the time of execution
executed by both parties before a notary republic
must NOT be unconscionable (not one-sided)
Most people are familiar with the prenuptial agreement, the document that protects each spouse’s assets going into a marriage. However, the postnuptial agreement happens after the marriage. There may be many reasons why couples would seek out postnuptial agreements, such as:
If you are on a 2nd or 3rd marriage, you want to ensure that some of your assets go to children from previous marriages.
If one spouse has been unfaithful, it’s a great way to protect the marriage.
If one spouse has a family business that needs to stay in the family.
Although a couple can verbally agree on finances and division of property, these agreements are hard to enforce without a postnuptial agreement.
For more information regarding postnuptial agreements, please contact Strong Family Law today.