When people of vastly different economic circumstances get married or those who already have children from pre-existing relationships combine their families, a written agreement about financial expectations during the marriage and in the event of a divorce can protect both spouses.
Prenuptial agreements are more common now than in decades past, but there are many married couples in Connecticut who legally combine their lives without having an agreement in place. They may eventually decide that they want to discuss their situation with their spouse and sign a postnuptial agreement. There are numerous motivations for drafting a postnuptial agreement, including the protection of an inheritance or certain expectations related to a family business. Additionally, some couples draft postnups for the reasons explored below.
They worry about the state of their marriage
There are many challenges that can put a strain on the relationship between spouses. Infidelity, financial issues, conflict with the extended family and even career problems can leave people wondering if they can continue making their marriages work. For those who worry that their relationship could soon be unsalvageable, negotiating a postnuptial agreement can be a very smart decision. Talking about the issues that have affected the relationship and what both spouses need from the marriage is often part of the negotiation process.
Many couples that negotiate postnuptial agreements actually strengthen their marriages. The process of clarifying what people need from one another and defining exactly what would happen if the couple were to divorce may help people recommit to the relationship and make being a good spouse more of a priority.
They believe divorce is imminent
Some couples choose to negotiate postnuptial agreements not in the hopes of working on their marriages but rather with the intent of facilitating a smoother end to the relationship. Postnuptial agreements, like prenuptial agreements, can serve as the basis for an uncontested divorce.
By working cooperatively to negotiate an agreement addressing matters such as what will happen with the marital home, couples can pave the way for relatively quick and low-conflict divorce filing when the time for marital dissolution arrives. Additionally, those who settle potentially contentious matters ahead of time can avoid expensive litigation and relationship-damaging disputes that could make co-parenting after divorce a nightmare.