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3 ways a postnuptial agreement can help those considering divorce

On Behalf of | Sep 5, 2023 | Divorce |

Those who are thinking about filing for in California often feel overwhelmed by how much they have to learn. Most adults have to familiarize themselves with the idea of community property and the unique way that California approaches shared parental responsibility after a divorce.

People often start thinking about divorce while they still hope to make a marriage work. People respond to marital challenges in many different ways. Some attend couples therapy, while others decide that they want to negotiate a postnuptial agreement.

There are many benefits that those who are experiencing a rough patch in their marriage can derive from the process of negotiating a postnuptial agreement, regardless of whether they’re doing all they can to stay with their spouse or they’re leaning towards the notion of divorce.

Understanding the reality of their finances

Frequently, those considering divorce have an unreasonable expectation about what assets they will keep and what California’s community property statutes might mean for their family. They might also overestimate the value of marital property while underestimating the debts they share with their spouse. The financial disclosure required during the negotiation of a postnuptial agreement can help ensure that both spouses are fully aware of their current financial circumstances and also have a realistic idea about what will happen to their finances during a divorce.

Taking a new opportunity to work on the marriage

Talking about the issues that have strained the marital relationship and the reality of what divorce might look like for the family can sometimes provide people with the motivation they need to refocus on their family and recommit to their marriages. It is more common than people realize for the negotiation of a postnuptial agreement to actually help strengthen the marital relationship.

Navigating a much simpler divorce (if the situation comes to that)

Even when people want to make their marriages work, sometimes divorce is the only realistic way for people to resolve their marital challenges. Those who have already taken the time to negotiate postnuptial agreements will have a very clear expectation for the divorce process and won’t have to worry about the intense emotions and expenses generated by a litigated divorce. They can pursue an uncontested divorce filing utilizing the agreement they already have with their spouse.

Negotiating a postnuptial agreement can improve the state of a marriage and can also make divorce less of a challenge for a family, should the situation evolve in certain ways.