Married couples often notice numerous warning signs before divorce occurs. They might slowly grow apart over multiple years or notice an uptick in the number of disagreements that they have. Stressful experiences, including the children leaving home, the death of family members or major career changes, can increase the pressure on a marital relationship and therefore the likelihood of a divorce.
People who recognize that their marital relationships are vulnerable can take steps that may protect them from a messy and expensive divorce. Particularly in scenarios where the death of a family member or major career changes might lead to shifting personal priorities and economic circumstances, discussing the possibility of a major change or the family could be beneficial.
Spouses may find that negotiating a postnuptial agreement could preserve their relationship or set them up for an amicable divorce.
What is a postnuptial agreement?
A postnuptial agreement is a marital contract, much like a prenuptial agreement. The main difference is the timing of the contract negotiations. Couples who have already solemnized their relationships can potentially agree to draft postnuptial agreements.
Specific circumstances, such as the discovery of misconduct, the decision to start a small business or an imminent inheritance, might inspire one spouse to propose a postnuptial agreement. Each spouse can ask for terms that protect them during the marriage and in the event of a divorce.
Spouses may set clear terms for how they intend to divide their property. They can designate certain assets, such as a business or inherited resources, as separate property that they do not intend to divide if they divorce. They can even agree to penalties in cases involving marital misconduct, including infidelity or gambling issues.
How do postnuptial agreements help?
The process of negotiating a postnuptial agreement requires that spouses make thorough disclosures to one another. The need to evaluate the marital estate and discuss what might happen in the event of a divorce can provide people with clarity.
They may then be able to make more rational decisions about whether they want to pursue divorce or not. In some cases, the process of discussing marital circumstances can help couples work through their issues and strengthen their connection with one another.
Other times, the main benefit derived from a postnuptial agreement may be that spouses can prepare to divorce with dignity. They recognize that continued challenges might make their marital relationship unsustainable. Instead of waiting until things become even worse and attempting to settle matters when emotions run high, they can set clear expectations while they are still able to cooperate amicably.
Drafting a postnuptial agreement can help spouses prepare for divorce without high levels of conflict or avoid divorce by realigning their values and expectations. Spouses going through difficult times in their marriages may benefit from learning more about possible solutions, including marital agreements and family court proceedings.