Most people have heard of prenuptial agreements that couples can enter into before marriage to dictate what will happen in the event of a divorce. However, a prenuptial agreement isn’t your last chance to protect your interests. Spouses can also choose to draft a postnuptial agreement at any point during their marriage. Initiating a discussion about creating this agreement can be tricky as your spouse may not perceive it as a sign that you expect the marriage to fail. Please continue reading to learn how to approach this sensitive topic and how our trusted Bristol County Divorce Options Lawyers can help you navigate this complex situation.
What is a Postnuptial Agreement?
A postnuptial agreement, also known as a postnup, is a legal contract between spouses that outlines how to handle financial matters in the event of separation or death. Essentially, this written contract addresses legal issues that would arise in the event of a divorce. If such an event happened, a postnuptial agreement would simplify the legal process and protect the financial interests of each spouse, saving both parties a significant amount of time, energy, and expense. This document is similar to a prenuptial agreement but is executed after the couple is married.
How Do I Broach the Subject?
While this discussion may evoke a sense of discomfort, it is necessary to have, as a postnuptial agreement serves as a valuable tool, providing clarity and protection in various scenarios. By establishing the terms of your divorce in advance, you can mitigate potential conflicts down the line. Unfortunately, your partner may react negatively to the idea of getting a postnuptial agreement. As such, you want to be clear about your reasons for wanting to establish this agreement. It is important to state your motivations clearly, emphasizing that it’s not about distrust, but about building a secure future together.
When discussing a postnuptial agreement with your spouse, you need to maintain an open and respectful dialogue. This includes actively listening to your spouse’s thoughts and concerns. You should show empathy as it will encourage them to share their feelings and opinions about the idea. Highlight how the agreement will benefit both partners, ensuring everyone is financially protected if the relationship ends. Be transparent but avoid getting defensive. If you want to get your spouse on board, you should be open to compromise.
If the initial conversation doesn’t go smoothly, you should consider involving a neutral third party, such as a mediator or an attorney. They can help facilitate a more constructive conversation. If you did not sign a prenuptial agreement but still want to protect your assets in case of divorce, it is not too late to bring up the topic of a postnuptial agreement with your spouse. At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to help you draft an agreement that fairly reflects both your interests. Connect with our firm today to learn how we can guide you through this process.
