Prenuptial & Postnuptial Agreements

Providing You with Confidence in the Future

When you’re entering into a new marriage, it’s natural to be swept up into the romanticism of a wedding and a relationship that will last forever; however, the strongest marriages are the ones where the couple have had the opportunity to enter into the “tough” conversations – the talks about what happens if the relationship terminates in the event of death or divorce.  It is definitely not the situation most people want to envision, but it is very important if you are entering into a first marriage or a subsequent remarriage with a good deal of individual property, family trusts or inheritances, or if you have children you want to ensure are protected.

At O’Connor Family Law, we believe the idea of a marriage that lasts forever and a strategic plan in the event it does not go as planned can coexist in a healthy marital relationship with correct guidance. Prenuptial and postnuptial agreements are designed to provide both parties with peace of mind and certainty about the future. A strong contract that lays out each person’s rights and responsibilities in the event the marriage ends can help you save a great deal of  time, money, and stress in the future.  Both require the knowledge of an attorney who can draft your agreement to be held valid at the time of a divorce or death.  A vast majority of prenuptial agreements are tossed out because they do not meet the Court’s requirements.  Our Firm will work with you to create a contract that you can count on.

Prenuptial agreements (commonly known as “prenups”) can have several functions, depending on the level of legal protection you need. For one, they can distinguish between property that both parties will share during their marriage—called marital property—and property that will remain separate. Such contracts can also outline the rights and responsibilities expected of each party, indicate what will happen if the marriage falls apart, and provide protections for any prior children in the event of divorce or death. While prenuptial agreements are signed before a marriage, postnuptial agreements are created after a marriage has already been entered but has the same effect as a prenup.

A prenup should be entered as far in advance of the wedding date as possible and should not be a last minute ordeal. Once created, both parties should review and sign off on their marriage contract every five years or so, or as life circumstances change. Whether you want to protect your children, your business, or your property, you should consider a prenuptial or postnuptial agreement. Call O’Connor Family Law to learn more. We will walk you through the process and make sure you get comprehensive legal protection.