As a divorce attorney and mediator, when I speak with couples unhappy in their marriages but not quite ready to give up, I often suggest a postnuptial agreement as a special tool to address the challenges they face.
I spoke with a married couple recently who had an unusual request. They wanted to discuss issues they were having in their open marriage. They had always had an open marriage, but now they wanted to define and document some conditions. They wanted to know how they could do this legally.
Although they had met with a marriage counselor who suggested verbal commitments, they wanted something that could have real consequences if each of their needs were not met. I suggested a postnuptial agreement. A postnuptial agreement has saved many marriages! A postnuptial agreement is also a great vehicle for a smoother transition to an eventual divorce!
Postnuptial agreements came into acceptance in the U.S. in the later portion of the 20th century. It was in the 1970’s that postnuptial agreements were met with wide acceptance motivated by what many think was the increase in divorce in the 70’s.
What’s a postnuptial agreement?
A postnuptial agreement is a written contract executed after a couple gets married or has entered into a civil union. The purpose of this contract is to address and settle a couple’s affairs in the event of a separation or divorce.
As a divorce attorney, and psychologically-trained mediator, I have developed a special and effective use for postnuptial agreements.
When a couple is unhappy, but not quite ready for a separation or divorce, I often suggest they use a postnuptial agreement as a way to get their marriage back on track.
A postnuptial agreement is a unique approach to saving a marriage, and is highly successful. My role as a divorce attorney/mediator is not always to help end a marriage, but on many occasions to help save a marriage too.
When crafting a postnuptial agreement for the purpose of saving a marriage or eventually ending a marriage, I suggest we look at the following:
- Assets, liabilities, and income;
- Expectations of gifts and inheritances;
- The status of gifts, inheritances, and trusts either spouse receives or benefits from, whether before or after marriage;
- How post-marital debts will be paid;
- Decide who, or if both of you, will own or occupy the marital residence and secondary homes in the event of death or divorce;
- What will happen to your marital property in the event of death or divorce;
- What will happen to your personal property like jewelry, artwork, antiques, etc;
- Alimony, maintenance, spousal support, child support, custody and visitation;
- Death benefits- what you will provide for in your will.
To learn more about postnuptial agreements and how they may save your marriage, call me.
A postnuptial agreement is a unique tool to satisfy/soothe issues currently impacting the marriage to help keep the marriage on track. It is also a really smart preparation tool if the marriage fails, and a divorce follows.
The development of a postnuptial agreement helps both parties have a voice, be heard, and have professional guidance to arrive together at an agreement that gives them both peace of mind.
Call me to explore how a postnuptial agreement can work for you!
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Call New York Divorce Lawyer Lois Brenner to learn more about postnuptial agreements now!
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