Are Postnuptial Agreements on the Rise?

 Posted on March 22, 2016 in Prenuptial Agreements

According to a recently released survey by the American Academy of Matrimonial Lawyers (AAML), 50 percent of divorce attorneys nationwide report an increase in couples seeking postnuptial agreements. You have likely heard of prenuptial agreements, documents that couples draft before their marriage that detail what should happen in the event of divorce. Lawyers across the country recommend prenuptial agreements, and say that, while nobody enjoys discussing a divorce before their marriage, the documents help couples avoid potential marital conflicts before they arise. In Illinois, a prenuptial agreement can cover a variety of topics, such as property division and inheritance matters. A postnuptial agreement serves a similar purpose but is accessible to couples after they are married.

Why Get a Postnuptial Agreement?

Attorneys say couples seek postnuptial agreements when they believe the future of their marriage is in jeopardy. Rather than wait until a divorce, when emotions are high, postnuptial agreements allow couples to plan for important matters beforehand. “A postnuptial agreement is usually produced from some kind of serious strain or emotional fracture that directly impacts the marriage. It can represent a way for the spouses to move forward with a shared understanding about the ways in which certain subjects would be addressed in the event of a divorce,” says one AAML member. “The top items covered in a postnup are ones that typically cause the most stress and concern if a marriage enters a place of real uncertainty.”

The survey determined that couples most commonly cover property division in their postnuptial agreements. Other top issues included alimony/spousal maintenance, retirement accounts, the marital residence, and infidelity. Specialists say that postnuptial agreements can be therapeutic for couples who are struggling with conflict. By laying out what would happen in the case of a divorce, many couples find the issues they were most worried about are resolvable. Couples uncertain of the future may find that planning for a worst case scenario can help ease their stress. From there, many couples stay together or become stronger knowing their concerns are addressed. Other marriages may end, but a postnuptial agreement can also help reduce contentiousness in a divorce.

Considering a Postnuptial Agreement?

Do you think a postnuptial agreement could be right for your marriage? Experts recommend proceeding carefully. If you are the one initiating the postnuptial agreement, you must first decide if it is possible to remedy your marital problems, or if a divorce may be the better avenue. If your spouse asks you about a postnuptial agreement, consider your options. If your marriage is beyond saving, a divorce may be the best choice. If however, both you and your spouse agree that a legal agreement may help your marriage, a postnuptial agreement could provide the solution you need.

At Pesce Law Group, P.C., we believe prenuptial agreements and postnuptial agreements help couples strengthen your marriage. While discussing the possible dissolution of your marriage can be uncomfortable, these agreements can help couples enjoy their marriage worry free. Our experienced Naperville family law attorneys can help you draft a clear, concise document that addresses all of your concerns, and is legally enforceable. Call 630-352-2240 to learn more about our prenuptial and postnuptial agreement options. We also offer many other divorce and family law solutions. Schedule your consultation with a member of our team today.

Sources:

http://www.prnewswire.com/news-releases/big-increase-in-spouses-seeking-postnuptial-agreements-300167901.html

https://www.consumeraffairs.com/news/postnuptial-agreements-becoming-more-common-lawyers-say-102915.html