A prenuptial agreement involves an engaged couple agreeing to certain expectations for their marriage and certain concessions if they get divorced. A postnuptial agreement is largely the same kind of document, only it is signed by people after they have already married one another.
Postnuptial agreements can benefit the couple drafting them in several ways, especially if they seem to be on the edge of filing for divorce.
A postnuptial agreement requires that you address an issue directly
Whether one spouse wants to start a business and protect it from claims in a divorce or there’s a desire to hold someone accountable for substance abuse, divorce court isn’t the place to hash out those marital disputes.
You and your spouse will need to talk things out in depth to set reasonable terms in your postnuptial agreement. Looking at the issues that have strained your marriage can help you set reasonable expectations for your relationship going forward and even perhaps motivate better behavior by creating penalties if a spouse makes the same mistake again.
For some couples, this direct approach to confronting their issues and their future will help their marriage recover.
A postnuptial agreement can lead to a faster and cleaner divorce
Divorce tends to get messy when couples fight over custody and property. Neither of those things has to happen, especially if you already have a postnuptial agreement on record. By deciding now how you will split up your property if you divorce, the two of you set yourselves up for a faster and easier uncontested divorce based on the agreement you already created.
Understanding the benefits of a postnuptial agreement can help you decide if creating one is the right step for your struggling marriage.