When most people hear about postnuptial agreements, they often assume they are merely preparation for an impending divorce. However, postnuptial agreements can also serve a very different purpose: preserving and strengthening a marriage. For high net worth couples, these agreements can be a proactive way to address financial or personal concerns that might otherwise strain the relationship, offering a pathway to restoring trust, clarity, and balance.
What Is a Postnuptial Agreement?
A postnuptial agreement is a legal document created for a married couple that outlines how financial and other responsibilities will be handled in the marriage and in the event of divorce or death. Unlike a prenuptial agreement, which is signed before the marriage, a postnuptial agreement is drafted after the couple has married.
While postnuptial agreements are commonly associated with protecting assets, their scope can go far beyond just financial matters, making them a powerful relationship tool.
How Can a Postnuptial Agreement Help Your Marriage?
Reducing Financial Tensions
Money is one of the leading causes of marital conflict, particularly for couples with complex financial portfolios. Disagreements about spending, saving, or investments can create significant stress. A postnuptial agreement allows couples to clearly outline financial expectations, responsibilities, and asset division. This clarity can alleviate financial anxiety, reduce arguments, and foster mutual understanding about money management.
RELATED: Read about the rise of postnuptial agreements.
Addressing Imbalances in the Relationship
In marriages where one spouse is the primary breadwinner, resentment can sometimes develop if the financial contributions or responsibilities feel unequal. Similarly, when one partner takes on the bulk of unpaid labor, such as childcare or household duties, they may feel undervalued.
A postnuptial agreement can recognize and assign value to both financial and non-financial contributions, ensuring that both partners feel their efforts are acknowledged and respected.
Rebuilding Trust
When trust is broken in a marriage—perhaps due to infidelity or financial secrecy—a postnuptial agreement can act as a step toward rebuilding the relationship. By negotiating terms that address the underlying issues, couples can establish boundaries and safeguards to prevent future harm.
Planning for the Future
High net worth couples often have intricate financial arrangements, including businesses, investments, or international assets. A postnuptial agreement can clarify how these will be managed, ensuring both partners are on the same page. This planning can also extend to children from previous marriages, safeguarding inheritance or trust arrangements. Estate planning can also be provided as part of the postnuptial agreement. Furthermore, custody and guardianship terms can be established.
Common Misconceptions About Postnuptial Agreements
“They’re a sign the marriage is failing.” In reality, creating a postnuptial agreement can demonstrate a commitment to addressing issues and staying together. It shows a willingness to engage in open communication and problem-solving.
“They’re only for wealthy couples.” While high net worth couples often use postnuptial agreements, these agreements can benefit anyone who wants to resolve financial disputes or clarify marital expectations.
Is a Postnuptial Agreement Right for You?
A postnuptial agreement is not a universal solution, but it can be a valuable tool for couples facing unresolved issues. Here are some scenarios where a postnuptial agreement might make sense:
- One partner has received a significant inheritance or business interest after marriage.
- The couple wants to protect assets for children from previous relationships.
- There’s a desire to define financial responsibilities to reduce arguments.
- The couple wants to align estate plans with marital goals.
- The marriage is experiencing trust issues, and the couple wants to work toward reconciliation.
Seeking Legal Guidance
If you’re considering a postnuptial agreement, it is essential to consult with an experienced attorney who can ensure the document is fair, enforceable, and tailored to your needs. For high net worth couples, this step is especially critical to account for the complexity of significant assets. Our attorneys can help. Contact us now to set up a consultation however it is most convenient for you— via telephone, video, or in person.
FAMILY LAW SERVICES
Divorce
Legal Separation
Prenuptial & Postnuptial Agreements
Tax Issues
Fees
Adoption
Same-Gender Marriage
Domestic Partnerships
Child Custody
Family Support
Mediation in Divorce Matters
Collaborative Law Services
