Why Having a Postnuptial Agreement After Marriage Is Important

Marriage is tremendously rewarding, but it’s also hard work, as virtually anyone who has tied the knot will attest. From how to spend your money to how to raise your children, the opportunities for disagreement are endless. When you sync your life with someone else’s, there are sure to be disagreements along the way, but it’s how you react to those disagreements, and how you and your partner work together to find solutions for them, that ultimately determines how successful your marriage will be. Many couples choose to enter into postnuptial agreements (often referred to as “postnups”) following their marriage ceremony. These are legal contracts drawn up after a couple is married that make determinations about assets, debts and related concerns and legal matters in the unfortunate event of a divorce or legal separation.

Why Is a Postnup a Good Idea?

Some couples experience struggles as they adjust to married life and find themselves fighting about the same matters over and over again. Creating a postnuptial agreement with the assistance of a trained mediator can alleviate many of these concerns, especially those that are financial in nature.  Alternatively, some couples choose to create postnuptial agreements because they didn’t get around to doing so in a prenuptial agreement prior to saying “I do.” Still yet, some entirely happy married couples meet with a mediator to set guidelines or make determinations in regards to matters such as wills and estate planning. Many couples find that the creation of this type of agreement alleviates many of their day-to-day marital concerns, ultimately allowing them to comfortably continue on with their marriage.

Types of Matters Often Covered in a Postnup

Postnuptial agreements vary substantially from one to the next based on the specific circumstances and concerns of each couple. Matters commonly addressed in many postnups include:

• What property is considered separate, and what is considered community (i.e., joint) property
• Debt and earnings allocation
• The role of each spouse in any owned businesses
• Concerns regarding pre-existing children and related financial responsibilities
• Insurance considerations
• What happens if one spouse passes away or becomes disabled

While this list offers a small summary of matters frequently addressed in postnuptial agreements, there are many more determinations that can be made in this type of document. The primary goal is to create a mutual understanding between the couple as to how to tackle the tough stuff while still allowing their marriage to thrive.

Postnups Can Save Struggling Marriages

While “’til death do us part” is a common component of many a marriage vow, American divorce rates suggest that not everyone can abide by that vow. While it can at times seem like throwing in the towel is the only way to find happiness, many couples find that postnuptial agreements give them the foundation they need to find solutions for many matters of contention between them and ultimately enjoy a loving and long-lasting marriage.