Kathy D. Sheive Attorney at Law

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Can postnuptial agreements save couples from divorce?

While no one ever enters a marriage expecting it to end in divorce, it happens all too often. Because most people do not anticipate divorce, they fail to plan for such an outcome unless they have signed a prenuptial agreement. Most couples of moderate means pass on getting a prenup.

For couples who are considering divorce but would like to save the marriage if possible, a postnuptial agreement could be the answer. However, it is probably unwise to view a postnup as a fail safe solution. A better approach might be to look at some of the benefits such an agreement offers. A few of the advantages associated with postnuptial agreements include:

  • Providing an opportunity to discuss the difficulties in your marriage
  • Alerting both spouses to any behaviors they engage in that might harm the marriage
  • Reducing conflict by encouraging open and honest communication between spouses
  • Allowing spouses to set forth provisions that may have the capacity to help heal the relationship
  • Facilitating marriage-saving behavioral changes in both spouses
  • Offering couples an excellent opportunity to discuss and define financial matters
  • Empowering couples to move past big issues that have hurt the marriage (e.g. infidelity)
  • Paving the way for a more equitable settlement if the marriage ends up failing

As any divorce attorney would tell you, if couples have a chance to save their marriage, it is worth the time and effort it may take to accomplish this goal. In many cases, Florida couples headed for divorce have found a way to revive the relationship and start fresh by spelling out their needs, responsibilities and expectations in a well-drafted postnuptial agreement.

Source: Hitched, "The Benefits of Post-Nups: A Simple Legal Document to Guide Your Marriage," Tom Gardiner, accessed March 15, 2018

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