While it may seem counter-intuitive — and even a little bit disconcerting to think about — it’s important to discuss how you plan to divide your assets with your future spouse should the marriage end. Luckily, prenuptial agreements have made their way into mainstream America and are no longer reserved for the upper classes.
Now, even those who are not particularly well to do and those who do not have high value assets have seen how much simpler a divorce is when a prenuptial agreement is in place. However, if you are already married and did not get a prenup, you and your spouse may still be able to plan with a postnuptial agreement.
A postnuptial agreement works almost the same as a prenuptial agreement, with the main difference being that the agreement is drawn up and signed after you get married instead of before. It also still has restrictions on what you can include legally. This is not the place to try to put legal stipulations on who will make the bed every morning. Postnuptial agreements are formal, legally binding documents and must be treated as such.
This is one reason why it’s important to talk with a family law attorney about your agreement. Having this conversation early on can ensure you don’t put any terms in the document that could cause the courts to dismiss the entire agreement if it does indeed come to a divorce.
Many people are hesitant to broach the subject of getting a postnuptial agreement with their spouses because it may seem like a step toward divorce. However, the process of talking about the terms and drafting the agreement can often bring couples closer together and clarify wants, needs, and expectations.