Reasons to Consider a Postnuptial Agreement

Premarital agreements are more common today than they once were, particularly among younger couples. Still, not everyone is eager to bring up the topic of divorce before they have even gotten married. After a couple has settled into their marriage, each person may feel more comfortable bringing up the subject. Or, a person may regret not drafting a premarital agreement before they were married. In these cases, a postnuptial agreement can be a good option. Postnuptial agreements provide all the protection of a premarital agreement, but they are written once the spouses are already married.

There are many reasons couples decide to draft a postnuptial agreement. One party’s income may change, or a spouse may start a business. These are just two instances when it can make sense to draft a postnuptial agreement. Below, our Dade City family lawyer outlines other reasons you may want to draft a postnuptial agreement.

You and Your Spouse Argue About Money 

Money issues are one of the most common reasons couples get divorced. Determining how the household money is spent requires compromise, communication, and cooperation. If you are already arguing with your spouse about money issues, those disagreements will only become even more contentious during divorce. Having a postnuptial agreement in place can prevent these disagreements from arising during divorce.

One Spouse has a Substance Abuse Problem 

Dealing with an addiction problem is difficult for the entire family. People struggling with a substance abuse problem do not always make the best decisions and they can negatively impact the family finances. A postnuptial agreement can prevent disputes from arising about how marital assets and debts are divided.

You Have Considered Divorce Before 

Whether you have actually filed for divorce before, or you have only thought about it, if you have ever considered ending your marriage you should draft a postnuptial agreement. Considering divorce increases the chances that it will happen in the future and an agreement can protect you.

Your Spouse has A Lot of Debt 

It is not only marital assets that are divided during divorce. Marital debt is also divided. If your spouse has significant debt, you may be partly responsible for it after a divorce. A postnuptial agreement can protect you from these obligations and ensure your spouse is responsible for paying their own debt.

You Have Children from a Previous Relationship 

If you have children from a previous relationship and your spouse has not legally adopted them, child custody will not be an issue during divorce. Still, you may want to leave an inheritance behind for them, and a postnuptial agreement will ensure that you can.

Our Family Lawyer in Dade City Can Draft Your Agreement 

If you have decided to draft a postnuptial agreement with your spouse, our Dade City family lawyer can help. At The Law Office of Laurier R. Chane, our experienced attorney can advise on the facts of your case and draft the agreement that provides full protection for both of you. Call us now at 352-567-0055 or contact us online to speak to our knowledgeable attorney and to get more information.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html