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3 reasons to revisit the idea of a postnuptial agreement

On Behalf of | Nov 10, 2016 | Divorce

A postnuptial agreement is one that you sign after your marriage. It’s similar to a prenuptial agreement, because it can contain items such as what happens to money in the case of a divorce or who should obtain property if one spouse passes away. These aren’t the only reasons for a postnuptial agreement, though. Here are three reasons why you should consider one.

The agreement can protect you if something goes wrong during your marriage

Let’s say that a couple has been married for a long period of time when one spouse finds out that the other has cheated on him or her. A postnuptial agreement could be entered into at this point instead of immediately heading for a divorce. The partner who was cheated on may want the other to sign a contract detailing what will happen during a divorce if the partner is unfaithful again, so there is a plan of action if the person’s trust is betrayed a second time.

A postnuptial agreement can also help you protect things like new assets if you want to have a partner sign them over to you and to have no claim on them in the future.

The agreement can help you create a settlement well before a divorce is a concern

Many marriages do end up in divorce in Florida and across the nation — this is just a fact of life. Instead of waiting until a time when you both may not be on good terms with one another, signing a postnuptial agreement now can give you the comfort of knowing what would happen if you did get a divorce. It essentially protects you from a person dragging out a divorce to run the bank accounts dry or your partner trying to get every asset possible from the marriage by spelling out exactly which assets go to whom.

The postnuptial agreement might also have information on what happens if someone is unfaithful or what should happen if you get a divorce and one person hasn’t been working for a significant amount of time.

The agreement can help you back up a will or protect your spouse

While many people think of a postnuptial agreement in a negative light, it can be a positive in your marriage. It can be designed to protect your spouse in the event that you pass away or don’t have a will. For example, if you include in the agreement that the marital home and an inheritance you have should go to your spouse upon your death, then this evidence can be used to give those assets to your spouse, even if a will isn’t present.

These are just a few reasons that a postnuptial agreement could be good for your situation. Whether it’s to protect a spouse or to protect yourself, the agreement can be beneficial to a marriage.