Some couples sit down to establish prenuptial agreements when they first decide to get married. They talk about what they expect from the marriage and establish what might occur if they decide to divorce later.
Many couples that could have benefited from prenuptial agreements may not have drafted documents before getting married. Sometimes, couples in long-term relationships determine that they might need to negotiate a postnuptial agreement.
Like prenuptial agreements, postnuptial agreements are contracts discussing what might happen should a couple divorce. Although some people find the idea of postnuptial agreements off-putting, many others derive tangible benefits from drafting a marital contract with their spouses. The following are some of the most common benefits derived from a postnuptial agreement.
The improvement of the marriage
Postnuptial agreement discussions may arise after a period of marital hardship. Perhaps one of the spouses developed a substance abuse disorder or dissipated tens of thousands of dollars with unnecessary shopping. Spouses coping with high-stress situations may find that postnuptial agreements can actually strengthen their marital relationships. By discussing expectations for the union and concerns about the current circumstances, spouses can improve their dynamic and can set themselves up for increased marital satisfaction in the future.
Protection from future misconduct
In cases where the reason for the postnuptial agreement is dissatisfaction with the behavior of a spouse, a postnuptial agreement can be very helpful. Spouses can establish not just expectations for the marriage but also penalties for certain types of misconduct. Penalty clauses for adultery, gambling and wasteful spending are popular postnuptial agreement inclusions. People may feel more willing to give their spouse another opportunity to improve the relationship when they have protection from dissipation and other issues that could lead to long-term financial harm if they remain married.
Clarity in the event of a divorce
In some cases, spouses choose to negotiate post-nuptial agreements because they anticipate a divorce in the immediate future. The decision to sit down and set specific terms for financial matters before a couple divorces can take much of the conflict out of the process. Spouses who have reached an agreement regarding financial support and the division of their assets previously can proceed with an uncontested divorce if they decide to end the marriage.
Proposing a postnuptial agreement to a spouse does not necessarily mean that a marriage is about to end. It may simply be a sign of concern about the state of the marriage or a way to avoid conflict down the road. Spouses who discuss what should happen if they stay married or what might happen if they divorce may have an easier time overcoming marital hardship and protecting themselves should a divorce occur.
