Should I ask for a postnuptial agreement?

| Jan 18, 2021 | Family Law |

Planning for the future is not always easy, but it is important. This is especially true for married couples who are facing uncertain futures or embarking on new journeys. In such situations, a postnuptial agreement might afford the best possible protections. A postnuptial agreement is very similar to a prenuptial agreement, with the major difference being when it is signed — after getting married rather than before.

A couple in North Carolina who is seeking reconciliation might want some reassurance about their future, which a postnup can provide. It may be easier to focus on healing after something like infidelity or a gambling addiction when both parties know that their futures are secure. This is because a postnup can very clearly state how a divorce will proceed, addressing matters such as property division and more.

Things do not have to be bad for a couple to consider a postnup. For example, if one spouse is embarking on a business venture, then it may be wise to consider a postnup. By clearly stating that a business is separate and not marital property, an owner can protect his or her business from division should the marriage end in divorce.

A postnuptial agreement can also be useful for those who need to update their prenuptial agreements, or who experience a significant shift in personal finances. Regardless of the reason why a couple might need a postnup, it is important to get things right. Even minor mistakes can render a postnup unenforceable, so it might be helpful to speak with an experienced North Carolina attorney before signing anything.