Marriage can be a beautiful and fulfilling partnership, but it also requires hard work and compromise from both parties. Sometimes, couples may feel the need to re-evaluate their marriage and seek ways to make it better. This is where postnuptial agreements or postnups come into play. Postnups can be a practical solution to help married couples navigate their finances and assets. They may also come into the picture when a couple is debating divorce.
However, it's important to note that there is no guaranteed method of saving a marriage. What a postnuptial agreement can do is give you and your partner the chance to communicate openly with each other about your needs, goals, and expectations. Ultimately, it's up to you to decide if a postnup is right for your marriage.
What Is a Postnup?
A postnup is a legally binding contract that outlines the financial assets and responsibilities of each spouse in the event of a divorce, taking the guesswork out of the equation.
While prenups are signed prior to the wedding, postnups can be created at any point during the marriage. Such agreements may not be the most romantic topic, but they can offer peace of mind and security should the unexpected occur.
Signs to Get a Postnuptial Agreement
1. One or Both Spouses Are Wealthy
When two people enter into a marriage, the last thing on their minds is the possibility of the marriage ending in divorce. However, it's always important to consider the future and the potential outcomes that could arise.
In situations where one or both spouses bring significant pre-marital assets into the marriage or expect to inherit assets in the future, a postnuptial agreement could be an excellent way to ensure that each spouse leaves the marriage with what they brought in. Although it's not a romantic topic, the protection of assets is a practical and wise decision to make for you and your spouse’s future.
2. One or Both Spouses Own a Business
For many spouses who own their own businesses, their company is more than just a job. It's their livelihood. That's why it's crucial to consider a postnup to protect the income and assets that are earned during the marriage.
Without a postnuptial agreement, an ex-spouse may be entitled to collect a percentage of the business or its earnings. This could have disastrous effects on the business and the owner's financial stability. It's important for business owners to think about the future and take steps to protect their assets with a postnup.
3. One Spouse Has Recently Received a Large Inheritance
In any marriage, financial planning is key. However, if you unexpectedly receive a sizable inheritance or gift from a family member, it can change your financial plans. It can be tricky to navigate how to handle these new assets, as they would normally become joint assets.
One option to consider is a postnup agreement. A postnuptial agreement can help ensure that these new assets remain earmarked just for you in case of a future divorce. While it can be a difficult conversation, having a postnup in place can provide peace of mind and add an extra layer of security to your financial future.
4. You Want to Discuss Assets
Marriage is a momentous occasion in one's life where two individuals join together and vow to spend their future together. However, with high divorce rates, many couples feel the need to prepare for the worst-case scenario and consider prenuptial or postnuptial agreements.
Some couples believe that discussing a prenuptial agreement can lead to unnecessary stress. Others see it as a way to navigate future uncertainties and avoid messy legal battles. However, now that you and your spouse have settled into your marital life, a postnuptial agreement can provide an opportunity for you to discuss your finances and assets.
Contact Our Postnuptial Agreement Attorneys
Considering a postnuptial agreement can be a difficult task. The thought of planning for the possibility of a future separation can be overwhelming, and it's a decision that requires careful consideration.
While it's true that postnups aren't a guaranteed solution to saving a marriage, they can offer a sense of security and peace of mind for both parties. If this is something you are considering, our team of skilled attorneys at the Law Office of Alexandra White, PC can provide you with the guidance you need to navigate this difficult process.
Don't hesitate to reach out to us to learn more about your options. Call (303) 647-4245 to reach us or get in contact with our firm online.