Divorce can be a messy, stressful and expensive process. It can also be unpredictable, which is part of what makes it so hard. If you go to court, there is no way to really predict how a judge will rule.
The only way to reduce that uncertainty is to carefully prepare for your divorce proceedings. For those who believe that divorce is inevitable and those who think they may divorce but would like to try working on their marriages, postnuptial agreements can be powerful tools.
A marital agreement takes the guesswork out of divorce
When you and your ex discuss what would be fair and appropriate if you divorce, you can establish certain rules that make the divorce process more predictable and also more amicable.
For example, you might agree to a specific custody arrangement or openly discuss certain property division matters. If you know that your ex will keep the house and you will get to retain your pension, you will feel less nervous about the effect divorce will have on your life later.
You will be ready for a quick and straightforward uncontested divorce if the two of you cannot resolve the issues affecting your marriage.
Postnuptial agreements sometimes help save marriages
When you have endured some kind of stressful situation with your spouse, like discovering an extramarital affair, you may feel like there is no way for you to preserve the marriage. Divorce may look like the only way to especially move on after a betrayal of your trust.
On the other hand, those experiencing the so-called seven-year itch where they feel like their marriage has stagnated might look at divorce as an adventure leading to an exciting new future. Negotiating a postnuptial agreement can help spouses in either situation.
The negotiation process will require discussions of marital misconduct and the impact it has had on the household. Those discussions might help spouses work things out and find a way to move forward as a couple. Additionally, by clarifying exactly what to expect in a divorce, the whole process loses the air of mystery and excitement that it can sometimes have after many years of marriage.
Whether it helps you save a struggling marriage or secure a calmer and more civil divorce, a postnuptial agreement can help those in a struggling marriage. Talking to your spouse about a postnuptial agreement may be uncomfortable at first, but it may benefit both of you in the long run