As a divorce attorney and mediator, when I speak with couples unhappy in
their marriages but not quite ready to give up, I often suggest a postnuptial
agreement as a special tool to address the challenges they face.
I spoke with a married couple recently who had an unusual request. They
wanted to discuss issues they were having in their open marriage. They
had always had an open marriage, but now they wanted to define and document
some conditions. They wanted to know how they could do this legally.
Although they had met with a marriage counselor who suggested verbal commitments,
they wanted something that could have real consequences if each of their
needs were not met. I suggested a postnuptial agreement. A postnuptial
agreement has saved many marriages! A postnuptial agreement is also a
great vehicle for a smoother transition to an eventual divorce!
Postnuptial agreements came into acceptance in the U.S. in the later portion of the 20th century. It was in the 1970’s that postnuptial agreements were met
with wide acceptance motivated by what many think was the increase in
divorce in the 70’s.
What’s a postnuptial agreement?
A postnuptial agreement is a written contract executed
after a couple gets married or has entered into a civil union. The purpose of this contract is to address and settle a couple’s
affairs in the event of a separation or divorce.
As a divorce attorney, and psychologically-trained mediator, I have developed
a special and effective use for postnuptial agreements.
When a couple is unhappy, but not quite ready for a separation or divorce,
I often suggest they use a postnuptial agreement as a way to get their
marriage back on track.
A postnuptial agreement is a unique approach to saving a marriage, and
is highly successful. My role as a divorce attorney/mediator is not always
to help end a marriage, but on many occasions to help save a marriage too.
When crafting a postnuptial agreement for the purpose of saving a marriage
or eventually ending a marriage, I suggest we look at the following:
- Assets, liabilities, and income;
- Expectations of gifts and inheritances;
- The status of gifts, inheritances, and trusts either spouse receives or
benefits from, whether before or after marriage;
- How post-marital debts will be paid;
- Decide who, or if both of you, will own or occupy the marital residence
and secondary homes in the event of death or divorce;
- What will happen to your marital property in the event of death or divorce;
- What will happen to your personal property like jewelry, artwork, antiques, etc;
- Alimony, maintenance, spousal support, child support, custody and visitation;
- Death benefits- what you will provide for in your will.
To learn more about postnuptial agreements and how they may save your marriage, call me.
A postnuptial agreement is a unique tool to satisfy/soothe issues currently
impacting the marriage to help keep the marriage on track. It is also
a really smart preparation tool if the marriage fails, and a divorce follows.
The development of a postnuptial agreement helps both parties have a voice,
be heard, and have professional guidance to arrive together at an agreement
that gives them both peace of mind.
Call me to explore how a postnuptial agreement can work for you!
FREE 1 HOUR CONSULTATIONS are conducted virtually to reduce risk.
My free one hour consultations are really informative.
I hope you’ll take advantage of this great service I provide!
I look forward to speaking with you.
Stay healthy and safe!
Call New York Divorce Lawyer Lois Brenner to learn more about postnuptial
We still have a few openings available this week!! 212.734.1551