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Postnuptial Agreements

5 Reasons Why You May Need a Postnuptial Agreement

The last thing any married couple wants to think about is what will happen if they get divorced. Unfortunately, having difficult conversations early on can make things much easier if the unexpected happens. This is especially true with postnuptial agreements.

Like a prenuptial agreement, a postnuptial agreement outlines the division of marital property and assets in the event of a divorce. While prenuptial agreements are signed before the couple gets married, a postnuptial agreement is set up after a couple is already married.

If you are on the fence as to whether a postnuptial agreement would be beneficial in your situation, consider these five reasons you may need one.

1. You Filed for Divorce and Then Decided to Stay Together

If you and your spouse have filed for divorce in the past but subsequently decided to stay together, you may want to consider a postnuptial agreement.

Suppose that your spouse cheated on you, and you decided to reconcile. In that case, marital misconduct is no longer an option to consider in regard to receiving spousal support.

Fortunately, if you have a postnuptial agreement that specifies what you are entitled to in the event of an extramarital affair, you can adequately protect yourself.

2. You and Your Spouse Fight over Money

If money is a consistent point of contention between you and your spouse, a postnuptial agreement could come in handy. Not only will it quash any disagreements about financial matters, but it can also bring you and your spouse closer together by allowing you to put your shared financial goals in writing so you can work toward them together.

3. You Didn’t File a Prenuptial Agreement

If circumstances were such that you and your spouse were unable to file a prenuptial agreement before you tied the knot, you can always file a postnuptial. A postnuptial agreement can encompass all the same provisions as a prenuptial agreement. In the event of a divorce, it will effectively simplify the entire process.

4. Cheating and Marital Misconduct

If your spouse engaged in cheating or another form of marital misconduct in the past, a postnuptial agreement can help you and your spouse establish clear boundaries with definitive consequences. This agreement offers extra encouragement to conduct yourselves in a way that serves your best interests as a couple.

5. Changes in Circumstances

If you and your spouse do have a prenuptial agreement, it only accounts for the circumstances that applied when you filed for the agreement. If your financial situation has changed, a postnuptial agreement is a great way to ensure that those changes are accounted for in the event of a divorce.

Some of these changes could include starting a new business or inheriting a vast sum of money.

Need Help with Your Postnuptial Agreement?

If you need to draft a postnuptial agreement, get in touch with Gucciardo Family Law. We are a family law firm with extensive resources and years of practice in resolving legal issues thoroughly and expediently. Contact us today to schedule an initial evaluation.

Too much information?

We focus exclusively on family law matters so we are always available to answer your questions and help.

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