Marital agreements are contracts between spouses. Changing social values and consistently high divorce rates have led to an increase in prenuptial agreements. Couples who have already married can also negotiate postnuptial agreements when they experience marital challenges or changes in their financial circumstances. These marital contracts can protect people from acrimonious, high-conflict divorces.
What role does a prenuptial or postnuptial agreement potentially have in re: divorce proceedings?
Agreements clarify obligations and expectations
Typically, prenuptial and postnuptial agreements address practical matters. Spouses may exclude certain assets from the marital estate by designating them as separate property. They may implement their own rules and standards for the property division process. They may even discuss alimony or spousal support, especially in cases where one spouse agrees to stay home to support the family with unpaid services.
Marital contracts typically influence the terms set by spouses when they divorce and can help them proceed rapidly with an amicable, uncontested divorce. Ideally, marital agreements extend protections to both spouses and help couples begin their marriages with shared expectations and standards. Those hoping to improve their relationships by discussing key topics or prevent messy divorces often need to sit down with an attorney to discuss their needs.
Drafting a marital contract or deferring to an existing prenuptial or postnuptial agreement during divorce is usually easier with the guidance of an experienced family law attorney. Spouses planning to draft marital agreements or preparing for divorce proceedings may need support as they establish terms for a marital agreement or evaluate the terms of the agreement in the context of a pending divorce filing, and that’s okay.