Heidi E. Opinsky

The Law Offices of Heidi E. Opinsky, LLC

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Postnuptial Agreements

While some couples enter into prenuptial agreements before they get married, couples may choose to enter into a postnuptial agreement after they get married. This is a legal contract that outlines the division of assets, property, debts, and other financial matters in the event of a divorce or separation. It serves as a safeguard to protect the interests of both spouses and provides clarity and certainty in case of any future disputes.
Often, a postnuptial agreement is used to amend a previously executed agreement, so it is very important to present the most recent document, as well as wills, trusts, and estates to which a spouse is a beneficiary.
For Connecticut courts, recent changes in the law have made postnuptial agreements legally enforceable and binding without the marriage as consideration for the agreement, as in the case of prenuptial agreements.

Why Would You Need a Postnuptial Agreement?

There are several reasons why couples may choose to create a postnuptial agreement:
Financials- Creating a postnuptial agreement helps outline financial rights if there were to be a divorce or separation. It also requires full financial transparency about financial matters, which can strengthen the marital relationship.
Family Assets- If one spouse, or both, has significant assets or inheritances, this contract will help protect them, ensuring they stay within the family even if there is a divorce or separation.
Business- You work hard for your business, so it is important to protect it from being split in a divorce. A postnuptial agreement will outline how the business will be divided, protecting the interests of both parties and the continuity of the business.
Second Marriage- In cases where one or both spouses have children from a previous marriage, a postnuptial agreement can help ensure that the children’s inheritance rights are protected and that assets are distributed according to their wishes.

What Happens If You Don’t Get a Postnuptial Agreement?

Without a postnuptial agreement in place, the division of assets, property, and debts will be subject to the laws of the state in which you reside. This means a judge can decide how assets will be divided, which might not be the outcome you prefer.

Contact Our Team

If you are considering a postnuptial agreement, seeking help from our family law attorney will provide you with the peace of mind you’re looking for. The Law Offices Of Heidi E. Opinsky is based in Manhattan, NY, and Stamford, CT, but our team is proud to represent clients throughout Fairfield, CT; Greenwich, CT; Darien, CT; Wilton, CT; New Canaan, CT; Ridgefield, CT; and all of Westchester County, NY. Attorney Opinsky will guide you through the process, providing personalized advice and representation.

Don’t leave your future to chance. If you need assistance drafting a postnuptial, we welcome you to contact us to schedule a confidential consultation.