By now, everyone has heard about the uptick in divorces this year. That is an unfortunate sign of the times. But, for those looking to not be another statistic, a postnuptial agreement may offer some relief, or at least, make any subsequent divorce a little easier.
The name says exactly what it is, an agreement between married couples that is entered into after the marriage. The post-nup covers what will financially have if a divorce occurs, but it does not include child custody or financial incentives to divorce.
Getting back together
For couples trying to make it work after something bad, like an affair, post-nups are ideal. This is because they are being done during a time when both spouses are trying to reconcile, and they put pen to paper for personal accountability and responsibility. Essentially, it is a road map for, “if it happens again,” which helps ensure that both spouses are moving in the right direction.
Changing premarital agreements
For those couples with a premarital or prenuptial agreement thinking of divorce, a post-nup may also be a good move. For example, if one has inherited money, or one wants to change a prearranged property division, alimony, etc. Maybe, the primary breadwinner has changed. Big life events can make a post-nup a needed legal document, even for those not thinking of divorce, but for those thinking of it, now may be the best time to ensure that the pre-nup is really what both couples want moving forward.
New business arrangements
For marriages on the rocks, perhaps, entering new business arrangement may not be the best course of action. Though, if it has already begun or if it nonetheless makes sense, a post-nup should be executed. This will be a hotly contested item in a divorce, so deciding how things should be done post-divorce now, when both parties are seeking amicability, is often a good idea.
How to draft one
Much like one’s marriage, post-nups are financial agreements. Though, unlike most Gulfport, Mississippi, marriages, couples should seek the advice of an attorney. An attorney can act as an independent, third-party to craft a fair and equitable post-nup. The key to the process is that it will help couples decide how they want to currently act and decide post-divorce matters before the heat of battle.