Reasons to negotiate a postnuptial contract when considering divorce

On Behalf of | Aug 15, 2023 | Family Law |

Some people in Colorado decide to negotiate a marital agreement, like a postnuptial contract, when life throws them a curveball. Fertility treatments, early parental death and unexpected career success are all among the scenarios that sometimes prompt couples to negotiate postnuptial agreements.

Other times, the desire to file for divorce may be the impetus that leads to the creation of a postnuptial agreement between spouses. Much like prenuptial agreements, postnuptial agreements clarify how spouses will divide their property and shared responsibilities if they divorce. Why do those considering the end of their marriages sometimes suggest sitting down to draft a postnuptial agreement first?

They want to work on the marriage

Not everyone considering divorce has given up on their marriage yet. Many people would prefer to save the relationship if they can. The act of discussing the outcome of a divorce can sometimes help people decide that working on the marriage is the better option. Many couples find that talking about what they need from the marriage and what would happen if they might divorce could help them reinvest in the relationship during a difficult time.

They want to keep things amicable

Perhaps the couple has young children, and they worry that the conflicts that commonly arise during divorce will cause lasting psychological harm for their kids. Maybe they attend the same church or work in the same industry and know that they will have to have numerous face-to-face encounters in the future. Those who would prefer to begin rebuilding their interpersonal relationship with their spouse throughout the divorce instead of worsening the damage through litigation may decide that a postnuptial agreement is the best way to achieve that goal.

They have specific outcome needs

Perhaps someone has assets that they absolutely cannot divide or custody terms on which they are inflexible. When someone requires a specific outcome from their divorce proceedings secure those terms. Having a written agreement that will facilitate an uncontested divorce filing can take all of the uncertainty out of property division and other key decisions in the divorce.

Postnuptial agreements can help people preserve their privacy and reduce what they spend on the divorce process. Learning more about the benefits of different approaches to divorce preparation may help those contemplating divorce choose the best path forward, regardless of what that path may be.