A postnuptial agreement is a contract drafted by spouses. Frequently, postnuptial agreements touch on many of the same issues addressed in standard prenuptial agreements. Spouses talk about matters that could arise in a divorce including financial support and property division. They can also include certain expectations for the marital relationship.
For some couples, the process of negotiating a postnuptial agreement could help them avoid a divorce. Looking at the reality of divorce and talking about marital expectations can help couples reconnect and work on their marriages. They may be able to meet each other’s needs and rebuild their relationship. Other times, postnuptial agreements help couples avoid messy, litigated divorces. The agreement they previously negotiated helps them end the marriage with dignity.
What role can a postnuptial agreement play in divorce proceedings?
The document guides the terms the couple sets
A valid and enforceable postnuptial agreement likely addresses the major financial issues that arise during a divorce. From how the couple shares their home equity to whether one spouse provides regular support payments to the other, there are many details in a postnuptial agreement that directly influence the outcome of a divorce.
The terms outlined in the postnuptial agreement can lead to an uncontested divorce filing. The spouses simply use the terms of their agreement to set the proposed terms when filing for divorce. Uncontested divorces are typically faster than litigated divorces. That makes them more cost-effective than contested divorces.
Additionally, spouses can feel confident about obtaining the exact terms they require for their future financial stability. Those who have established a postnuptial agreement may only have a few minor issues to clarify as they prepare for divorce proceedings.
Some couples specifically choose to negotiate postnuptial agreements as they begin preparing for a divorce. Others negotiate marital contracts while trying to work on their marriages. In either scenario, the documents they both sign can help both spouses move on more gracefully and with predictable terms at the end of a marriage.
Understanding the role of a postnuptial agreement during a New York divorce can help people realize how useful these agreements can be. Spouses who set their own terms through mutual agreement can eliminate much of the conflict inherent in a typical divorce scenario.