Using a postnuptial agreement for a softer, kinder divorce

It can be hard to admit that your marriage isn’t a source of happiness and support like it once was. Even as you feel your partner disconnecting from you or yourself letting go of the relationship, you might still try to convince your family, friends, co-workers and social media contacts that everything is still fine.

If the idea of a bitter, spite-fueled divorce makes you cringe, you might hold off on ending your marriage just because you don’t want all of the anger and bitterness that comes with a divorce. Some people try to wait until they reach certain milestones, like the children all reaching adulthood.

If you worry about the future of your marriage and know that you’d like to avoid the contentious, litigated divorce, creating a postnuptial agreement with your spouse might be the best possible decision.

A postnuptial agreement forces you to take stock of your marriage

People often draft prenuptial agreements while in the romantic, honeymoon phase of an engagement. They won’t really know what married life with the partner will be like or what assets and liabilities they will acquire during marriage. Prenuptial agreements can fall woefully short of addressing a couple’s needs when the time for divorce comes specifically because of when and how people create them.

A postnuptial agreement, on the other hand, serves the purpose of paving the way for an uncontested divorce for a couple that has already married and knows what issues and terms will be problematic during a divorce.

Whether you have been together for a few years or a couple of decades, sitting down to draft a postnuptial agreement requires that you review what assets you’ve acquired, your expectations for the future and what you feel you’ve contributed to your family so far.

Some couples find that postnuptial agreements set them up for success

Agreeing to terms for splitting up your property and separating your lives if you get divorced doesn’t mean you will get divorced. Sometimes, the mere act of addressing issues in your marriage and cementing the terms for ending it with your partner can be enough for you to recommit to the marriage and address the issues undermining your union.

Whether a postnuptial agreement prevents a divorce or just streamlines it, there is no question that couples struggling in their marriage can benefit from creating a marital agreement.

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