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Reasons for a Postnuptial Agreement

Both prenuptial and postnuptial agreements are made to divide the assets, future income, retirement benefits, and marital ground rules of a couple if they were to divorce in the future.  These agreements have the same purpose, but the difference is when they were created.  A prenuptial agreement is made before the couple is married; a postnuptial agreement is made after the couple is married.  If a couple decides that they want a postnuptial agreement, there are certain factors that may influence them.  (Related topics: custody mediation, divorce mediation attorneys near me, family law Westchester)


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Debt

If one or both partners have debt, it could result in fights and stress in the marriage.  This could involve student or house debt, or just debt from excessive spending.  By determining who is responsible for which debts, it can resolve the fights and makes each person accountable for their own debt.

 

Change in Finances

If one of the partners came into money after the marriage started, it could influence them to want a postnuptial agreement.  They could have gained this money by starting a business, inheriting property or money, or even winning the lottery.

 

Marital Problems

For couples who are having marital problems, they may have decided to create a postnuptial agreement.  This can be helpful for couples on the brink of divorce or couples who started the divorce process and decided to reconcile.  If one partner is considering a divorce, by drafting a postnuptial agreement, it could act as a warning to the other to be a better spouse.

If you and your spouse are considering a postnuptial agreement, it will be beneficial to hire a mediator for the process.  By using a divorce mediation attorney, the couple can discuss with a third party to help them come to a resolution to any disagreements.  This is a good option for couples who want to save time and money on court fees.