Married couples typically share everything from their homes to their paychecks. People who enter a marriage with certain valuable resources might choose to sign prenuptial agreements before solemnizing the relationship.
Others might discuss the possibility of a postnuptial agreement after they initially get married. A postnuptial agreement, like a prenuptial agreement, clarifies the financial implications of divorce to minimize conflict between spouses. Negotiating terms for a postnuptial agreement may require that spouses talk at length about their marriage and their finances.
What may motivate those who have already married to establish a marital agreement?
Marital misconduct
Sometimes, spouses find themselves on the cusp of divorce due to issues such as substance abuse or infidelity. In those circumstances, negotiating a postnuptial agreement might be the simplest way to prevent future misconduct or limit its impact on the outcome of a divorce.
Concerns about good fortune
Perhaps one spouse has just received a large inheritance or has finally achieved success after years of slowly building a business. Spouses may want to negotiate a postnuptial agreement to protect assets that could be separate but that could be at risk in the event of commingling. Postnuptial agreements can help spouses work on their marriages when they go through rough patches. They can also reduce how tense and contentious divorce proceedings become.
Proposing a postnuptial agreement can be a way to protect a marriage that is at risk of failing or reduce the likelihood of an expensive and contentious divorce. Spouses can protect themselves, address issues in the marriage and make plans to divorce with dignity in this way if they experience insurmountable relationship obstacles.