Can couples use postnups to save their marriages?

On Behalf of | May 29, 2024 | Family Law |

In the intricate tapestry of marriage, challenges often emerge, testing the bonds between spouses. However, in Massachusetts, couples are increasingly discovering a valuable tool to navigate these challenges: the postnuptial agreement. But, how can couples use postnups to save their marriages?

Deciphering postnuptial agreements

A postnuptial agreement, or postnup, as it is commonly known, is a legal contract crafted by spouses after marriage. This agreement delineates the handling of assets, debts and financial matters in the event of a divorce. Yet, its significance transcends mere preparation for potential separations. Indeed, postnups possess the potential to fortify marital bonds, but the question is, “how?”

Clarity in finances

First, postnups can bring clarity to finances. Financial disagreements often sow seeds of discord within marriages. Herein lies the power of postnuptial agreements. By establishing clear guidelines for managing finances and assets, postnups mitigate conflicts, allowing couples to nurture their relationship.

Establishing a safety net

Next, they can establish a safety net. During tumultuous times, postnups serve as a lifeline. They can outline conditions or steps necessary for the marriage to persevere, offering couples a renewed chance to mend their relationship after a bad act by a bad act by one or both spouses, or even after financial turmoil that may make a spouse worry about their financial future.

Alleviating emotional strain

Next, postnups can alleviate emotional strain. Financial issues frequently cause emotional stressors. By proactively addressing and resolving financial concerns, postnups alleviate emotional burdens, which facilitates a more harmonious marital dynamic.

Legal considerations in Massachusetts

In the Bay State, postnuptial agreements must adhere to specific legal criteria to be deemed valid. Postnuptial agreements cannot be verbal. They must also be signed by both spouses and notarized. Additionally, these agreements must demonstrate fairness and reasonableness. It must be devoid of any unlawful or unconscionable provisions.


Far from being a harbinger of marital strife, a postnuptial agreement can be a beacon of hope for couples in Waltham, Massachusetts. By fostering financial clarity, providing a safety net and alleviating emotional strain, postnups offer couples the tools to navigate



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