Marital agreements were once relatively controversial and stigmatized. People questioned the intentions of those who wanted to sign contracts before getting married or during their marriages.
However, the consistently high rate of divorce in the United States and changing social norms have changed that. People are now much more open to negotiating agreements with their spouses and fiancés.
Couples who are already married sometimes desire the protection of a postnuptial agreement. What are some of the most common reasons people draft these marital contracts?
When divorce is imminent
Spouses may recognize that their marriage is on the decline. They may worry about the possibility of a contentious divorce. Those who anticipate an upcoming divorce but who have not yet filed may choose to negotiate a postnuptial agreement as a way of ensuring that they can proceed with an uncontested divorce.
When there are major financial changes
Perhaps one spouse secretly accrued a significant amount of debt. Maybe one spouse intends to start a business or has recently received a large inheritance. Couples facing significant financial hardship or good fortune sometimes agreed to negotiate postnuptial agreements for mutual protection.
When there is significant misconduct
Some people proposed postnuptial agreements in conjunction with therapy to address marital misconduct. They may impose penalties for continued infidelity or substance abuse.
They may also clarify what might happen should they divorce due to continued misconduct. Those trying to salvage their marriages may want to protect themselves in case they are not successful.
Negotiating a postnuptial agreement can help save a struggling marriage or pave the way to a more amicable divorce. Spouses worried about the state of their marriage or the possibility of a litigated divorce may want to consider proposing a marital contract.