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A postnup can protect your marriage and help with your divorce

| Jan 15, 2021 | Divorce |

Happily ever after is not a guarantee when Pennsylvania couples get married. While that is the goal, challenges might present themselves during the life of a marriage with some leading to a permanent split. Some couples might consider signing a postnup, which can both protect their marriage and, if the marriage does end, help with the divorce process.

What is a post-nuptial agreement?

A postnup is similar to a prenuptial or premarital agreement except that it is signed after the couple has already married. A postnup is an agreement that describes how financial matters will be handled during the end of the marriage.

What does a postnup include?

A postnup can address a variety of scenarios including:

  • How infidelity, drug or alcohol addiction, irresponsible spending or gambling will be handled and the consequences attached to these
  • How a business started after the marriage might be addressed if, for example, the business partners do not wish the other spouse to be part of the business
  • How a prenup might need to be modified if the situation of the spouses has changed since the beginning of the marriage

How does a postnup protect your marriage?

By outlining consequences for certain actions and protecting the financial liability of the spouse who does not bring about those challenges, a postnup can help the couple attempt to move forward with their marriage. This allows some peace of mind for both spouses, knowing they can actively try to improve their marriage while also being clear about what will happen if this attempt fails.

If the marriage does end in divorce, then a postnup can help make the divorce negotiations easier since many of the financial concerns had already been addressed. Couples interested in negotiating a postnup may work with a family law attorney to create the agreement, sign it and notarize it.