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January 20, 2023

Views On Prenuptial And Postnuptial Agreement

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Prenuptial Agreement Lawyer

A prenuptial agreement is a written contract where an engaged couple writes out their responsibilities and rights to marital debts and assets, and what would occur in the event that their marriage ends in divorce or one of them passes away unexpectedly due to an accident, illness, or injury complications. Talking about a prenup allows the couple a chance to communicate their financial goals, views on money, saving and spending habits, and accrued debts. Money issues are often one of the leading causes of divorce, so having these conversations before marriage can create the foundation for a stronger union in the future. 

To some, a prenup may not be a romantic choice. But in fact, it can be a wise investment. The couple not only discusses their finances, but they can prevent a contentious divorce if the marriage doesn’t work out how they hoped it would. Taking the time now to write a prenup with help from a lawyer, similar to the team at Carpenter & Lewis PLLC, may feel premature and unnecessary. But if a divorce does happen, both partners are going to be equally glad that they have one. 

As a prenuptial agreement lawyer explains, postnuptial agreements are in essence similar to prenuptial agreements, but the only difference is that postnups are written after marriage. Postnuptial agreements are just as legally enforceable as prenuptial agreements. Some spouses may have needed to finish negotiating the terms of the prenup, but didn’t get a chance before the wedding day, and afterwards decided to tie up those loose ends. The reason for a prenuptial or postnuptial agreement will vary based on the couple themselves and whether they have debts, cherished assets, or a stake in family business. 

A prenuptial agreement may be desired if one of the spouses has already been married before. Previously married partners may not want to marry again until they have more reassurance about their finances. Someone who has undergone a divorce in the past understands the divorce process, and likely doesn’t want to repeat it. This is particularly true if their ex took advantage of the divorce and received a great deal more in the settlement. 

Having a conversation early on about wanting a prenuptial, or postnuptial, is important to have and should only happen when emotions are not running high. It can add more stress by discussing a marital contract, especially if it’s close to the wedding date. Most engaged couples have a list of items that they need to get done before the big wedding day, and perhaps finalizing a prenup should be on that list. But ultimately, having a prenuptial or postnuptial can provide relief to each partner, so they can go into the union knowing that their finances are taken care of. 

Even though a martial contract is not exactly the most romantic topic, it can be life-changing for those going into the marriage. Spouses who talk openly without judgement may find they are closer than they were before, and feel ahead of the game since they understand each other’s views and expectations on finances. 

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