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Is a postnuptial agreement a good idea?

Even if you’re in a happy marriage, you never know what the future will bring. Creating a postnuptial agreement will give you and your spouse peace of mind, as you won’t have nearly as many concerns if you decide to divorce in the future.

There are many reasons to consider a postnuptial agreement, including but not limited to:

  1. To protect yourself against irresponsible financial decisions your spouse has made during your marriage

  2. To protect the inheritance rights of children from previous relationships

  3. To define assets brought into the marriage by both individuals

When creating a postnuptial agreement, pay close attention to the many conditions that can invalidate it in the future. Some of the most common include:

  1. Pressuring your spouse to sign a postnuptial agreement

  2. Relying on a verbal agreement, as opposed to one that’s in writing

  3. Including incomplete and/or false information

  4. The agreement is grossly unfair to one spouse

Asking for a postnuptial agreement is not always easy, as you don’t want your spouse to think that you’re considering divorce. Approach the conversation in a calm manner, explaining to your spouse that a postnuptial agreement is beneficial to both of you. From there, discuss what to include and what to leave out.

If you’re interested in creating a postnuptial agreement, learn more about the process, discuss the ins and outs with your spouse and take steps to ensure that it’s legal and fair to both individuals. By doing these things, you should be able to create an agreement that gives you and your spouse the peace of mind you deserve.


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