Postnuptial Agreements

At Grazi & Gianino, our family law attorney can offer you peace of mind through the creation of a postnuptial agreement between you and your spouse. This agreement provides you with the opportunity to address issues with a spouse related to the division of property and division of assets/liabilities in the event of a divorce or death, prior to a contentious event occurring that can result in a lengthy and difficult legal process.

Postnuptial agreements are similar in intent to prenuptial agreements, with the primary difference being that the agreement is entered into following a marriage rather than prior to a marriage. The purpose of a postnuptial agreement is to specify the rights of each spouse in relation to the division of individual and joint property, as well as spousal support, should the marriage end due to divorce or death. Postnuptial agreements can include provisions related to the division of property, assets, and debt should a divorce occur. They may also include information related to spousal support. Provisions can relate to individually owned and jointly owned assets and property. Postnuptial agreements can also include details related to parenting responsibilities, such as timesharing and child support, although these can be modified by a court if the couple becomes divorced. Agreements can specify different scenarios depending on whether the marriage ends due to divorce, separation, or if one spouse dies.

When a married couple enters into a postnuptial agreement, they agree to discuss and sort out financial decisions related to the dissolution of their marriage before there is a crisis. This means that each party can carefully evaluate what needs to be included in the agreement to protect themselves and can utilize the advice and guidance of a postnuptial agreement attorney to better ensure that their needs are met. By creating a postnuptial agreement, changes to a couple’s financial situation or other family matters can be addressed before there is conflict. This can serve to avoid expensive litigation if a divorce ensues down the road and can protect a spouse and dependents in the event of one spouse’s death.

Each party entering into a postnuptial agreement should be represented by trusted legal counsel, and all aspects of the agreement should be clearly expressed, explained and agreed to by both parties. The agreement must be made in writing and must be executed voluntarily by each party. Postnuptial agreements, once created, provide each spouse with the knowledge of what to expect should the marriage end. Because the decisions made and agreed to in a postnuptial agreement are legally binding and can greatly affect your future, it is important that each party be represented by their own lawyer. A lawyer experienced in postnuptial agreements can provide you with solid legal guidance, represent your best interests, and ensure that you fully understand the agreement you are entering into. Having a trusted attorney on your side can go a long way in protecting your financial future.

Postnuptial agreements can protect your interests in the event of a divorce or death of a spouse. They are generally entered into following a change in financial or family circumstances and can provide peace of mind for both parties because they clearly stipulate what will happen in the event that a marriage ends. Our Family Law attorney provides compassionate, yet tenacious legal guidance and representation for individuals interested in preparing a postnuptial agreement.

Call the family law attorney at Grazi & Gianino today at (772) 286-0200 for trusted legal postnuptial agreement representation.

Our Stuart, Florida attorneys serve clients in Stuart, FL or Martin County, Fort Pierce and Port St. Lucie or St. Lucie County, Vero Beach or Indian River County, Okeechobee or Okeechobee County, West Palm Beach or Palm Beach County, or surrounding areas.