How a postnuptial agreement benefits a struggling marriage

When a married couple encounters a rough patch in their marriage, they may feel like the only options to resolve their issues are couples therapy or divorce proceedings. However, there is a third option that falls neatly between the two.

Postnuptial agreements can address the concerns or issues that couples discover in therapy and create guidelines that will make things easier and more cost-effective if a couple divorces in the future. A postnuptial agreement could address issues ranging from adultery or chronic gambling habits to compulsive shopping and alcoholism. Much like its cousin, the prenuptial agreement, postnuptial agreements can help a couple simplify divorce.

How postnuptial agreements help spouses overcome hardship

When one spouse does something that violates the trust of the other, the relationship can quickly begin to unravel. Trust and respect are critical to a healthy relationship. The act of acknowledging the damage of one’s actions can help, but promising in writing to not do something again could be enough to induce a slighted spouse to agree to continue working on the marriage.

A postnuptial agreement can outline the expectations of each spouse and authorize potential financial penalties for non-compliance with the agreement in the event of a future divorce. If someone has another affair or goes back to doing drugs, for example, they may waive certain assets in the divorce that follows. However, postnuptial agreements don’t just set a couple up for a divorce. They can help some people avoid the end of their marriage.

Clear expectations and outcomes can take away the romance and mystery of divorce

Married life can become monotonous and predictable. An individual might romanticize what life would look like after a divorce. Exaggerated stories of someone walking away with nearly the entire marital estate may make some people think that filing for divorce is like going to the casino.

By removing the suggestion of substantial financial benefit through the creation of a clear explanation of how the couple will split their assets, a postnuptial agreement can help people avoid a divorce in the first place.

Sometimes, couples who were once in agreement about what their marriage should look like no longer see eye-to-eye on important issues.

A postnuptial agreement can make your divorce much more affordable

One of the reasons that people spend so much money on their divorces is that there’s no way to know how the courts will rule, so they want to push for as much parenting time and as many of the marital assets as possible. When you have a legally sound postnuptial agreement, that document allows you to file an uncontested divorce which is faster and cheaper for both spouses.


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