Some spouses sign prenuptial agreements before they get married. They may have seen their parents go through a messy divorce or had a prior failed relationship themselves. They might also simply want to protect certain assets in case they ever end up divorcing.
Prenuptial agreements have become increasingly socially acceptable and common, but many couples who may have benefited from prenuptial agreements married before suggesting one was appropriate. Some modern couples who have already committed themselves to one another decide that they would like the protection of a marital agreement and may negotiate a postnuptial agreement accordingly.
What types of terms do spouses typically include in their postnuptial agreements?
Clear expectations for divorce proceedings
One of the most standard concerns couples address in a postnuptial agreement is what should happen with their property if they divorce. For example, they may agree that some assets are the separate property of each spouse. They might agree to terms regarding how they intend to handle their shared property and marital debts. If the couple does eventually divorce, the terms they establish in the prenuptial agreement can help them file for uncontested divorce proceedings.
Penalty clauses for misconduct
It is relatively common for spouses to negotiate a postnuptial agreement in response to some kind of marital hardship. Often, spousal misconduct contributes to those marital challenges. Spouses may agree to penalties in scenarios where spouses engage in abusive behavior, conduct extramarital affairs or repeat other types of frustrating and damaging behaviors. Those clauses can serve as an incentive for one spouse to improve their behavior and protection for the other spouse in case they do not.
Expectations for the marital relationship
Typically, spouses have to avoid including too many personal details in marital contracts. The courts usually don’t enforce documents discussing issues like weight gain or how frequently spouses are intimate with each other. That being said, the discussion of expectations for the marital relationship and what each spouse intends to offer the other going forward can be crucial for repairing a damaged relationship. Spouses who realign themselves by discussing the status of their marriage and what should happen going forward may potentially be able to improve their dynamic.
A postnuptial agreement can either help preserve a marital relationship or allow spouses to sidestep the frustration and expense of a litigated divorce. Drafting a postnuptial agreement can be a particularly good move for those going through a difficult time in their marriages.
