How Should I Tell My Spouse I Want a Postnuptial Agreement?
A postnuptial agreement can be a great way for a couple to protect their individual finances, but people often have a hard time bringing up this kind of agreement to their spouses. If you are serious about getting one, you need to just sit down with your spouse and get to the point. Then a Morristown, NJ family agreement attorney from our firm can help you draft a postnup that works for both of you.
What Are Some Reasons to Consider a Postnuptial Agreement?
A postnuptial agreement essentially allows you and your spouse to decide what would happen to your property and assets if you divorced. You can decide what is separate property and determine what will happen to any marital property if you split. This can reduce conflict during your divorce and make the entire process a bit less acrimonious, which is an especially good thing for any couple with kids who needs to keep up a healthy co-parenting relationship.
If you and your spouse didn’t see a need for a prenup, then it will probably take a change in financial circumstances to get you to consider a postnuptial agreement. If you both made similar amounts of money before, but now one makes much more, that may be a good reason for a postnup. One of you receiving a large inheritance could also make this agreement seem like a good idea.
How Can I Bring Up a Postnuptial Agreement to My Spouse?
No one wants to think that their marriage will end in divorce, so bringing up a postnuptial agreement can be tricky. We recommend focusing on the benefits and how such an agreement protects each of your finances. Make sure that your spouse knows that you still have faith in the marriage, but such an agreement could give you both peace of mind.
Should I Talk to a Lawyer?
We do recommend talking to a lawyer. In fact, both you and your spouse should have your own attorney when drafting an agreement like this. Otherwise, you run the risk of your postnuptial agreement being seen as invalid later. There are also other important criteria to consider when writing such an agreement. You should be sure that:
- Both sides have fully disclosed their finances
- Neither party has been coerced into signing the agreement
- The agreement does not contain any blatantly unfair clauses
- There are no clauses that refer to something a postnup should not cover, like child custody
If you do this correctly, both you and your spouse will be protected if you end up getting a divorce.
Talk to an Experienced Family Attorney
So if you want to learn more about postnups or any other kind of marital agreements that our lawyers can help you with, contact Lazor Rantas, PC. We can schedule a consultation and tell you more about how our seasoned family law attorneys can be of assistance.
