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Why should a couple consider a postnuptial agreement?

On Behalf of | Nov 6, 2020 | marital agreements

The future is unpredictable, but there are certain things a California couple can do to maintain more control over what could happen. One of these is to draft a prenuptial agreement before walking down the aisle. Many couples overlook the benefits of having these types of agreements, and they may instead need to consider a postnuptial agreement if they are already married.

Like a prenup, this type of agreement is in place in the event of a divorce in the future. No one gets married planning to divorce in the future, but these agreements can provide a sense of security. A postnuptial agreement may be especially useful for couples that have experienced a significant change in their financial circumstances since they married. It is similar to a prenup in that it outlines what will happen with marital property and assets in case the marriage ends.

Drafting a postnuptial agreement has nothing to do with how much a couple trusts each other or how certain they are the marriage will not end in divorce. This marital contract focuses on keeping separate property separate, allowing a couple to outline a financial agreement for the marriage and avoiding disputes in case of a divorce.

If a California couple is already married, it is not too late to draft a marital contract. A postnuptial agreement can provide the security and protection necessary to look to the future with confidence. Drafting this type of agreement is not assuming the marriage will end; it is simply being smart regarding future possibilities and avoiding unnecessary legal complications.