Postnuptial Agreements

Properly executed postnuptial agreements can strengthen a marriage by removing the fear of uncertainty relating to a divorce, and by assuring each spouse of their financial security. These agreements can relieve fear that a person is remaining married for the wrong reason; define each individual’s rights at the conclusion of the marriage; and often prevent costly litigation about a party’s rights in the event of a divorce. Postnuptial agreements have to meet certain requirements to be effective, and in some instances will not be used by the Court if they have prepared, or executed, improperly. A ‘postnup’ can address how long a spouse has to pay alimony; how much alimony they have to pay; how assets and debts are divided; which assets are marital and non-marital; and what a spouse’s rights are in the event of a death. The Windle Family Law has experience drafting, reviewing, negotiating, attacking and defending postnuptial agreements.

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