Prenuptial agreements can help couples to start their marriage out on the right path. They discuss what they expect from one another and the relationship. They make it very clear what might happen if a divorce ever occurs. A prenuptial agreement can strengthen a relationship and help people streamline a divorce if the marriage eventually fails. Postnuptial agreements are typically quite similar to prenuptial agreements. The main difference is the timing of when couples create them.
Why might those who have already embraced the institution of marriage decide to negotiate a contract with their spouses?
Divorce is on the horizon
Some couples watch the slow degradation of their marital relationship over many years. Others might agree to remain married until their children turn 18 and then patiently wait for their freedom.
In cases where couples know that divorce is in their future, negotiating a postnuptial agreement can be a smart decision. They can set terms before the relationship devolves anymore, thereby avoiding a messy, contentious divorce. They can keep things private and begin planning for the future before major transitions occur.
The marriage has gone through major changes
Couples sometimes negotiate postnuptial agreements because they are uncertain about the future. They worry that divorce might occur due to shifts in family circumstances or spousal priorities. The process of negotiating a postnuptial agreement can sometimes help strengthen a marriage. By communicating frustrations and expectations, spouses may set themselves up for greater marital satisfaction in the future.
Postnuptial agreements can help people feel more comfortable about staying married after discovering issues with gambling or an extramarital affair. They can create penalties for continued misconduct or protect one spouse from liability based on their spouse’s actions.
In some cases, good fortune might be why spouses negotiate postnuptial agreements. Starting a successful business or receiving a large inheritance may prompt one spouse to propose signing an agreement that clarifies who has rights to those resources if a divorce ever occurs.
Postnuptial agreements can help clarify expectations in marriages and/or pave the way for less acrimonious divorces. As such, talking to a spouse about expectations for marriage and what could happen in the event of a divorce can be beneficial for many married individuals.