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Understanding the basics of post-nuptial agreements

On Behalf of | Apr 30, 2022 | Uncategorized

Pre-nuptial agreements allow you to establish parameters before marriage, but all those agreements happen before you know your potential spouse better. After the marriage and over the years, you come to know them in ways you may not expect.

Post-nuptial agreements allow you and your spouse to consensually establish a lot of things about your marriage in the event a divorce happens.

Rates of divorce and instances of post-nuptial agreements

The rate of divorce has remained steady for decades and the amount of pre-nuptial and post-nuptial agreements has risen over the years. However, according to The Plunge, the rate of post-nuptial agreements compared to pre-nuptial agreements is about a tenth as common. Many point to fewer initial incentives as a potential reason why people do not invest their time into such a useful contract.

Reasons for post-nuptial agreements

You may find yourself considering a post-nuptial agreement for a number of reasons. Marital disagreements tend to pressure you towards forming them if you worry about the worst happening. But it’s important to remember that this agreement does not have to result from rough times in the marriage. A happily married couple may enter into a post-nuptial agreement to protect business interests, wealth and the inheritances of their children—whether they are from your current marriage or past ones.

It is important to communicate with your spouse about this, as post-nuptial agreements require both parties to consent to it. Once you establish that consent, it is just as important to lean on legal resources to make sure the agreement is clear enough to hold up in court if it comes into play.