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3 reasons people may decide to draft a postnuptial agreement

On Behalf of | Apr 5, 2023 | Family Law

Prenuptial agreements have become a common resource for modern California couples, and many people now consider them to serve as basic protection and an articulation of expectations.

There are also many couples who may recognize that they need protection despite having already gotten married. Even those who have been together for decades may choose to draft postnuptial agreements. Postnuptial agreements can potentially influence the outcome of divorce proceedings just like a prenuptial agreement would.

The main difference between the two types of marital agreement is when the couple negotiates the terms, although other nuances also differentiate the two. Negotiating a postnuptial agreement can extend numerous benefits to married individuals. These are some of the most compelling benefits that people derive from postnuptial agreements.

1. Control over property division in the event of divorce

One of the biggest benefits of a marital agreement is the ability to set turns for the outcome of a future divorce. Like a prenuptial agreement, a postnuptial agreement allows either spouse to designate some assets as separate and both spouses to agree to specific terms regarding the division of their marital property.

2. Improved focus on marital success

People often take their spouses for granted even when their marriage is in a bad place. They tell themselves that they can work on it later. That dismissive attitude often precedes a divorce filing.

Couples that recognize they have had some challenges and disagreements of late and that sit down to talk about their expectations for the relationship and what would happen if they would divorce may have an easier time focusing on their marital relationship and strengthening it.

3. Less expense if a divorce occurs

Having peace of mind that there will be adequate property set aside if a divorce should occur is beneficial, but a divorce can still be a very difficult experience. Those who have already negotiated arrangements with their spouse in a postnuptial agreement can file an uncontested divorce, which may be less expensive because it requires very little time and oversight from the family courts.

Although it can sometimes be difficult to talk about a postnuptial agreement with a spouse, many couples benefit from discussing the practical implications of their current marital struggles or tensions that could fester unchecked if not addressed proactively. Drafting a postnuptial agreement with the assistance of an experienced legal professional. could improve a marriage or at least make the divorce process less miserable for the spouses if things ever come to that.