Most people entering into marriage do not consider prenuptial agreements. That's in part because being in love overrules caution in many cases. Since no one expects to get a divorce when they are preparing to marry, why bother with a prenup? Unfortunately, divorces do occur, even when couples are deeply in love at the time of their wedding.
In our New York family law practice, many married couples have asked us for advice about dealing with marital problems before they lead to divorce. One of our top recommendations is that these couples consider creating a postnuptial agreement. We are not saying these agreements prevent divorces, but they can help couples address sensitive issues.
For couples experiencing the following marital problems, a postnup may help.
- Frequent arguments over money
- Conflict about children from prior marriages
- Frequent disagreements over the financial responsibilities of each spouse
- Concerns about one or both spouse's mounting debt
In the family law field, our focus as attorneys is preserving the wellbeing of every member of the family, including both spouses. Creating a postnuptial agreement often facilitates greater communication between spouses. For example, while spouses are discussing what to include in a postnup, they may find it easier to hash out their problems. These discussions have the power to save a marriage in many cases.
Even when divorce is imminent, a postnup can remove much of the conflict that often comes with divorce. By deciding issues ahead of time and putting these decisions in a legal document, your divorce may proceed faster and with less emotional stress.
Our family law attorneys invite you to continue exploring our website to learn more about postnuptial and prenuptial agreements. We also address New York family law topics in our legal blog.