3 times when married couples may want to draft postnuptial agreements

On Behalf of | Mar 9, 2024 | Family Law |

Postnuptial agreements, like prenuptial agreements, have become increasingly common. More couples every year recognize the value of establishing contractual protections for themselves during marriage. Even the most devoted spouses may realize that the possibility of a messy divorce warrants careful consideration.

Those who have already committed to one another sometimes determine that they might benefit from establishing an agreement about expectations during the marriage and in the event of a divorce. Postnuptial agreements often include many of the same as prenuptial agreements.

When might someone want to consider negotiating a marital contract with a spouse?

After the children leave home

Empty nest syndrome affects many couples who have spent years together. When faced with a drastic change in lifestyle when their children finally begin living independently, some couples struggle to maintain a healthy and positive relationship dynamic. They may need to reevaluate what they want from the marriage and the future. Those trying to establish a plan for a successful marriage in the future may find that negotiating a postnuptial agreement lays a positive foundation for their relationship and takes the risk out of divorce by streamlining the process it’s the marriage eventually fails.

After marital misconduct

Sometimes, people turn to contracts to protect themselves after a major disruption to their marital relationship. The discovery of infidelity or secret financial behavior could leave someone concerned about their risk should they continue the marriage. Postnuptial agreements can potentially create consequences for certain types of misconduct and can give spouses an opportunity to clarify what types of behavior are unacceptable within the marriage. The spouse trying to work through the other spouse’s misconduct may feel more comfortable fighting for the marriage when they know there are protections in place for them.

Before undergoing a drastic change in circumstances

Married couples sometimes decide to make major shifts in their personal plans. For example, two people who married with the intention of pursuing their careers jointly may now want children. A postnuptial agreement can help protect a spouse making career sacrifices to raise the couple’s children. Postnuptial agreements can also take some of the risk out of starting a business, moving across the country or acquiring certain resources during a marriage. In general, anyone going through a difficult time in their marriage or worried that divorce might occur in the next few years could benefit from negotiating a post-nuptial agreement.

The process of setting terms with one another could help improve a marital relationship. Even if a marriage eventually ends in divorce, a postnuptial agreement can lead to a more amicable divorce process. Recognizing that drafting a postnuptial agreement might be a wise investment could benefit those worried about the current status of their marriages.


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