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Can a Postnuptial Agreement save your Marriage?


Can a Postnuptial Agreement save your Marriage?

Getting married is very exciting! Spring is that time of year when brides are eagerly gearing up for their June weddings and all the glitz, glamour and drama that a wedding brings.

But what about the day after the wedding? Are you truly prepared for the marriage? Many couples find that once married there are some important issues that weren’t discussed. However, it’s never too late. That’s why we have postnuptial agreements.

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.

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 use for postnuptial agreements. When a couple is unhappy, but not quite ready for divorce court, I often suggest they use a postnuptial agreement as a vehicle to get their marriage back on track. It is a unique approach, and highly successful. My role as an attorney/mediator is not always to help end a marriage, but on many occasions to save a marriage too. I am happy to do so.

When crafting a postnuptial agreement for the purpose of a marriage eventually ending, or for the purpose of saving a marriage, I suggest you look at the following:

  1. Assets, liabilities, and income.
  2. Expectations of gifts and inheritances.
  3. The status of gifts, inheritances, and trusts either spouse receives or benefits from, whether before or after marriage.
  4. How post-marital debts will be paid.
  5. Decide who, or if both of you, will own or occupy the marital residence and secondary homes in the event of death or divorce
  6. What will happen to your marital property in the event of death or divorce.
  7. What will happen to property-real estate, jewelry, artwork, antiques etc.
  8. Alimony, maintenance, spousal support, and the children involved.
  9. 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 at 212.734.1551.

I look forward to helping you.