Prenuptial agreements have become well-known and more common in recent decades now that many marriages have two working professionals. Individuals remarrying and creating blended families, as well as those with significant personal resources, may have reason to negotiate an agreement with their spouse before marriage regarding what happens with their personal property in the event of a divorce.
Postnuptial agreements are also more common than ever before, and they have much in common with prenuptial agreements. However, couples signing a postnuptial agreement in Hawaii have already married.
What are the benefits of negotiating a marital agreement after your wedding?
Circumstances may have changed
People often have a romantic and idealized vision of their spouse prior to marriage and become more realistic in how they view their partner after years together. Some people want to sign a postnuptial agreement because they are now aware of their spouse’s worst behaviors, which might include infidelity or substance abuse.
Negotiating a contract that imposes penalties for misconduct or makes your expectations for both marriage and divorce clear could help you work on your marriage. Those hoping to fight for their marriage during a time of hardship often turn to postnuptial agreements so that they can protect themselves while making that effort.
Couples also benefit from postnuptial agreements because if they do divorce, they can expect the process to be faster and less contentious, which will keep the price for the divorce lower as well.
You may have more to protect
Sometimes the relationship remains the same but your personal situation is different. Perhaps you want to start a business and worry about what its failure could mean for marital assets. A postnuptial agreement helps separate certain property and protect it and therefore your spouse.
On the other hand, maybe you recently inherited property. You would like to share it with your spouse, but you don’t want to risk losing your inheritance if you were to ever divorce. A postnuptial agreement can be a way to clarify what rights, if any, your spouse has to the property that you inherited.
Those hoping to protect marital resources and those worried that they may be headed for divorce court may be among those who choose a post-nuptial agreement as the low-conflict solution for their problem. Drafting a postnuptial agreement can make you feel more stable in your relationship and more comfortable about moving forward with a divorce if doing so proves necessary.