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Postnuptial agreements could benefit some couples

On Behalf of | Oct 21, 2021 | family law

When a couple marries, the last thing they want to plan for is the possibility of divorce in the future. The prospect of what will happen if the marriage ends can seem like an unromantic topic to consider, but crafting a prenuptial agreement can be a prudent decision for many California couples. For those already married, it is possible to find financial security through a postnuptial agreement.  

Why a postnuptial contract? 

A postnuptial agreement is a contract that outlines how marital property will be split in the event of a divorce. Like a prenuptial agreement, it can also specify which assets are community property and which are not, and couples can include terms that may be important for their specific financial circumstances. The primary difference is when the contract is created, either before marriage or during the marriage. 

This type of marital contract can be especially beneficial for those who have experienced significant changes in their financial circumstances since they married. It can take a certain amount of financial stress off a marriage, and it can minimize uncertainty about the future. Allowing spouses to define and protect assets can give both parties peace of mind. 

Thinking long-term 

It may be beneficial for a California couple to consider the long-term benefits of a postnuptial agreement. This is not planning for a marriage to fail, but it is simply preparing for a possibility in the future. Through careful planning, a couple can reduce conflict and protect their long-term interests.