Postnuptial agreements are similar to prenuptial agreements, as they typically address similar issues. A postnuptial agreement, however, is entered into after a couple is married.
Making a postnuptial agreement can be a healing experience for a married couple. It gives couples the opportunity to discuss issues that are important to their marriage and set a plan to deal with those issues. A family law attorney can help a couple draft a postnuptial agreement by listening to the wants and needs of each spouse, and creating a compromise that will give both spouses peace of mind.
A postnuptial agreement can address all issues that a prenuptial agreement can, including:
- Each party’s desires about finances they brought to the marriage;
- Making sure children from a previous relationship will inherit certain property;
- What goals and plans each spouse has for the marriage;
- Whether the couple will have children and how they are to be raised (i.e., religion, how many children, etc.);
- Concerns with roles in the marriage (i.e., if one spouse will manage the home).
It is important to note that waiving alimony is not possible in a postnuptial agreement (in contrast to a separation agreement anticipating divorce).