Can a Postnuptial Agreement Help You with Your Marital Discord?

Quite possibly. Almost without regard to the source and nature of your marital discord.

So what exactly is a postnuptial agreement? One way to wrap your head around a postnuptial agreement is to think of it like a prenuptial agreement – entered after the wedding.

Days, months or years after the fact. It really doesn’t matter.

Why would a couple make a postnup?

Actually, for lots of potential reasons.

Sometimes, they simply allowed their window of opportunity to enter a prenuptial agreement to close.

Sometimes there is marital discord. Sometimes, not so much.

Sometimes, they never thought about making a prenuptial agreement, but, events looming on the horizon, or changed / changing or newly discovered circumstances raise questions or concerns about:

What If One of Us …. Dies? Or Cheats? Or Moves Out? Or Wants a Divorce ? Etc. Etc.

The marriage isn’t necessarily over, or even doomed. But – there is a change.

A postnuptial agreement can be a means to work things through / out, address a concern, settle a potential dispute – maybe before it even erupts. That is the ideal a postnup has to offer.

If circumstances are a little rougher, a postnuptial agreement can be a stopgap / temporary legal arrangement either during a trial separation or even after a divorce is filed but while it is ongoing.

(In the latter situations, the postnup may be called a separation agreement or a property settlement agreement. In essence, a rose by another name.)

If the marriage proves to be beyond repair, that same postnuptial agreement may serve as a marital settlement agreement, the document that produces an amicable resolution and avoids trial in Florida divorces.

(That’s assuming that the postnuptial agreement is comprehensive or broad enough. Even if it’s not, it may still avoid trial on some of the issues in the divorce.)

So a postnuptial agreement is potentially pretty powerful … and can save a lot of money, aggravation and stress if done before the relationship deteriorates too much.