Postnuptial agreements are documents signed by spouses that can clarify their expectations for the marriage and lead to a simpler divorce. In a postnuptial agreement, spouses can agree on how they will divide their property and finances. They may even include an agreement about spousal support.
Such agreements will later set the terms for a divorce if either spouse files for the dissolution of the marriage. There are many reasons why people might draft postnuptial agreements, and not all of them involve directly preparing for a divorce.
If any of the three issues below have affected your family, a postnuptial agreement might be beneficial.
Serious spousal misconduct
Did you catch your spouse cheating? Did they max out all of your credit cards on a casino trip that they intentionally hid from you?
If spousal misconduct has affected your marriage, a postnuptial agreement could help you save your marriage or prepare for an easier divorce. You can acknowledge the issue in how you split your assets and even impose penalties for future misconduct.
If you or your spouse have just received an inheritance or are likely to receive a sizable inheritance, you may want to draft a postnuptial agreement. The two of you can arrange to treat the inheritance as separate property and prevent an inheritance from complicating or possibly causing a divorce.
Maybe it was not spousal misconduct that affected your relationship but just the two of you growing apart. If you can’t imagine continuing your marriage, then a postnuptial agreement could set you on a path to a relatively pain-free divorce.
Drafting a marital agreement can help both of you have the same expectations for your marriage or a possible future divorce.