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Evaluating the right time for a postnuptial agreement

On Behalf of Rudolph & Associates LLC | Jun 1, 2023 | Divorce

A postnuptial agreement is a legally binding document created by a couple after they get married or enter a civil partnership. This contract stipulates how to divide the couple’s assets and financial responsibilities in the event of a divorce or separation. While most people are familiar with prenuptial agreements, postnuptial agreements are gaining prominence as a tool for managing financial affairs in a marriage.

Deciding to create a postnuptial agreement is a personal decision that depends on various factors. It is a decision that requires careful thought as it can significantly affect both parties’ financial futures. There are several scenarios when a postnuptial agreement may be worth considering.

1. Significant changes in financial circumstances

When there are major shifts in a couple’s financial situation, a postnuptial agreement can be beneficial. This could be due to sudden wealth, such as an inheritance, lottery win or a significant increase in income. Alternatively, it could be because of financial setbacks like bankruptcy or business loss. In these instances, a postnuptial agreement can offer financial protection and clearly outline financial obligations.

2. Changes in career or lifestyle

If one spouse decides to give up a career to raise children or support the other’s career, a postnuptial agreement may be necessary. It can help ensure fair financial arrangements are in place to protect the spouse making the career or lifestyle sacrifice.

3. Relationship strains and reconciliation efforts

If a marriage is going through a rocky period, a postnuptial agreement can offer some stability and security. It can reassure the safeguarding of both parties’ financial interests.

4. Absence of a prenuptial agreement

If a couple enters a marriage without a prenuptial agreement, they can consider creating a postnuptial agreement. This can be especially important if the couple realizes the necessity of having a clear understanding of their financial matters after marriage.

A postnuptial agreement can provide a solid foundation for dealing with financial matters in a marriage. While it may not be a romantic idea, it is a practical tool that can help to avoid potential disputes in the future. It is always wise to carefully assess one’s personal situation and understand the implications before deciding on such an agreement.

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