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Prenuptial & Postnuptial Agreements

A well-drafted agreement is not about expecting a marriage to fail. It is about deciding important financial questions deliberately.

Marriage can bring together property, income, businesses, debt, inheritances, family wealth, children from prior relationships, and different financial expectations.

A prenuptial or postnuptial agreement allows spouses or prospective spouses to address some of those questions intentionally rather than leaving them entirely to the rules that would otherwise apply if the marriage later ends.

At Probasco Singer Bayne, we draft, review, negotiate, and advise clients regarding prenuptial and postnuptial agreements, including agreements involving significant assets, businesses, professional practices, inherited wealth, and complex financial circumstances.

Good agreements begin with good information.

The strength of an agreement depends on more than the language on the final page.

The process matters.

Understanding the parties' assets, liabilities, income, businesses, expectations, and objectives allows the agreement to be tailored to the relationship rather than assembled from generic provisions.

The goal should be clarity.

Issues an agreement may address

01

Premarital Property

02

Business Interests

03

Income & Earnings

04

Real Estate

05

Investment & Retirement Assets

06

Debt

07

Inheritance & Gifts

08

Property Acquired During Marriage

09

Alimony

10

Estate-Planning Considerations

11

Financial Responsibilities

12

Rights Upon Divorce or Death

Timing

The conversation should happen before the deadline.

A prenuptial agreement should not be treated as another item to complete immediately before the wedding.

Both parties need an appropriate opportunity to understand the agreement, obtain advice, exchange relevant financial information, and negotiate terms.

Starting early generally allows the process to be more deliberate and less disruptive.

It also gives the lawyers time to address the issues thoughtfully rather than negotiating important financial provisions against an artificial deadline.

Agreements involving businesses and family wealth.

For business owners, professionals, and families with significant premarital or inherited wealth, an agreement can provide clarity about interests that may otherwise become disputed years later.

That may include addressing ownership, appreciation, income, distributions, contributions, debt, or the treatment of assets acquired during the marriage.

These provisions should be coordinated thoughtfully with the client's broader financial and estate-planning objectives.

Where appropriate, we work alongside the client's other professional advisers.

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Postnuptial agreements

Financial planning does not end on the wedding day.

Spouses may later decide that they want greater clarity concerning property, support, business interests, or other financial rights.

A postnuptial agreement can address many of the same types of financial issues as a premarital agreement, but the circumstances and legal analysis are different because the parties are already married.

The process should reflect that difference.

The best agreement is one the client understands.

An agreement may address events that never occur.

But if it is ever needed, its terms may have substantial consequences.

Our role is to help the client understand what the agreement says, what rights it affects, what questions deserve attention, and whether the proposed terms reflect the client's objectives.

That is true whether we are drafting the agreement or reviewing one presented by the other party.

Start with a conversation.

If you are considering a prenuptial or postnuptial agreement, beginning the process early allows more time to understand the financial picture, identify priorities, and address the terms deliberately.

813-254-3735

1011 North Armenia Avenue
Tampa, Florida 33607

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