Getting married can be a wonderful, dizzying experience. Often couples on the precipice of marriage are so busy it is all they can do to prepare for the wedding, so they may not feel like they have time to sit down and create a prenuptial agreement. And some couples simply don't want to jeopardize their relationship by discussing issues that could prove contentious.
But if you recently married without getting a prenup, now could be an excellent time to open up discussions with your spouse about getting a postnuptial agreement. As you likely surmised, a postnuptial agreement is essentially the same thing as a prenuptial agreement except it is crafted and signed after a couple has gotten married.
While a good postnuptial agreement will address issues that are specific to your marriage, there are some general areas that are typically covered, such as:
- Guidelines on how probate issues should be handled.
- Specifications regarding each party's debt obligations.
- Assignment of assets and property to both parties.
And while it may seem that discussing these issues could create tension, the fact is that couples often find it reassuring to establish ground rules with a postnuptial agreement. This is because it is typically easier for people to live up to obligations that have been clearly stated and agreed upon.Thus, a postnuptial agreement can actually serve to provide your marriage with a very solid foundation.
So if you have begun to settle into domestic tranquility, then you may want to start to seriously assess many of the important aspects of your relationship and how you want to handle key financial issues. And as such, you may want to enlist the aid of an experienced family law attorney who could help you draft an agreement that clearly delineates you and your spouse's rights and responsibilities.