Should You Consider A Post-Nuptial Agreement?

Roughly 50 percent of couples who wed will eventually split up.  With those numbers, doesn’t it make sense to consider ways in which you can make that possibility a little less unwieldy?  If you can’t stomach the idea of a prenuptial agreement, how about a postnuptial agreement after you tie the knot?

Understanding Post-Nuptial Agreements 

Much like a prenuptial agreement, a post-nup is a document that is drawn to outline how assets are to be divided in the event of a divorce, and to address other issues of concern to the couple.  The biggest difference is that a postnuptial agreement is written after the couple is already married. Some couples address issues such as how household chores might be divided up, whether or not and under what conditions a relocation is acceptable, and anything else one might imagine.  Critically, nothing ludicrously unfair should be included if you want it to be legally enforceable. For anyone who was not inclined to sign a prenup, a post-nup can be a useful document that lays out the expectations for both divorce and the rest of your marriage. 

When is a Post-nup a Good Idea?

Plenty of people may be thinking that a postnup is simply not something they need.  That kind of agreement is for other people. But these agreements really are worth considering under a number of different circumstances.  For instance:

• If one or both of you have a lot of money: This agreement can address financial issues in order to preserve the financial status of wealthy individuals, while ensuring that their partners are treated fairly.
• If one or both of you have kids from a previous marriage: Inheritance issues can be delicate topics with blended families, so confirming that one’s desires are recognized and accepted before a death can eradicate a lot of covetous feelings.
• If a prenup was too prickly a subject before you wed, but you both can deal with it now. If you were concerned about killing the romance prior to the nuptials, but with time you’ve both settled into being able to respectfully discuss hard issues, a postnup dialogue may be worthwhile.
• If one of you recently inherited a bundle: Maybe you want the birthright to stick with your side of the family under any circumstances.
• If one spouse will never earn much: Frequently it’s prudent to develop financial safeguards for a lesser-earning spouse.
• If you owe a family member: Perhaps an uncle or your parents loaned you a few thousand dollars to get started in your life together.  A postnup can stipulate that the loan be repaid prior to the division of any assets.
• If your spouse has cheated on you: You may want protection before you’re comfortable giving the marriage another chance. Your postnup could provide for penalties in the event your heart is broken again due to infidelity

We Can Guide You 

If you think a  postnuptial agreement is a good idea for you, the ethical, experienced Springfield family law attorneys at Courtney & Mills can help.  Schedule a confidential consultation in our office today.