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Can a postnuptial agreement save your marriage?

| Feb 19, 2021 | Firm News

If you and your spouse have been in a rocky patch for months or years, divorce may seem like your only option. Still, if you think there is some good left in your marriage, you may want to think about drafting a postnuptial agreement.

A postnuptial agreement is like a prenuptial one, except you execute it after you walk down the aisle instead of before. Here are some ways a prenuptial agreement may keep you out of divorce court.

Address financial matters

Married couples often fight over money matters. In fact, according to some estimates, a third of all marital disagreements are due to finances. Fortunately, you have wide flexibility to negotiate the postnuptial agreement you want.

You may choose to use the agreement to set financial expectations or even to divvy up marital assets in the event of a divorce. The agreement may also be useful in keeping your inheritance separate from the marital estate.

Establish marital roles

If you and your spouse do not argue over money, you may disagree about who is responsible for what. Your postnuptial agreement can clearly define marital roles.

You may also want to include a process for resolving disputes in your postnuptial agreement. If either you or your spouse neglects marital responsibilities, this provision gives you a framework for getting your marriage back on track.

Talk about concerns

Regardless of what you decide to include in your prenuptial agreement, negotiating and drafting it can be therapeutic. That is, when you and your spouse prepare the agreement, you have an opportunity to discuss grievances and address concerns.

Ultimately, whether your postnuptial agreement puts your divorce-related concerns to bed may depend on many factors. Still, because divorce can be both expensive and emotionally draining, considering a postnuptial agreement may be wise.

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