Sometimes a marriage needs freshening up. Sometimes you need to put new guidelines in place. While a prenuptial agreement goes into effect prior to a wedding, the postnuptial agreement becomes a reality at some point after a couple marries.
Creating a postnuptial agreement is like pushing the reset button on your marriage. It can address everything from the handling of your finances in the event of divorce to who should be responsible for taking out the trash.
As a legal contract, the postnuptial agreement often provides parameters concerning a married couple’s financial affairs and makes clear how to divide their assets if they should separate or divorce. Some postnups are not created until a couple has been married for many years, at which time they may have retirement accounts to think about as well as a number of investments, assets they did not have when they were younger.
Addressing marital issues
One spouse might have some significant issues such as gambling or addiction to alcohol. There might even have been an extramarital fling. Despite such strains on the marriage, the other spouse may want to keep it going. He or she may include favorable terms in a postnup that show a dedication to saving the union. Sometimes a spouse who is on the second or third marriage wants to establish a postnup to ensure that certain assets will go to the children of a previous marriage.
Details about day-to-day activities might also appear in a postnuptial agreement. The two parties may have become tired of arguing about which relatives to invite over for Thanksgiving dinner and which for Christmas. There might be ongoing disagreements about who should rake the leaves, clean the gutters or wash the windows. If husband and wife can come to agreement, the details can be set out in a postnup.
Couples can turn to family law attorneys to help them construct a postnuptial agreement. A postnup can help release the pressures of a shaky marriage, define goals concerning finances and assets and, in general, serve to strengthen the marital bond.