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Postnuptial agreement: Protect against property division disputes

Once you tie the knot and begin your life with your spouse, it never hurts to look toward the future. As you consider starting a family and planning for retirement, you should also think about what would happen in the event of a divorce.

Remember this: Just because you discuss the potential for divorce doesn't mean you're more likely to split in the future. In fact, this can strengthen your bond, as it allows the both of you to get on the same page.

A postnuptial agreement can benefit you and your spouse in many ways. For example, it can protect the both of you against property division disputes.

If you and your spouse both brought valuable assets into the marriage, you may want to keep them separate. Doing so will ensure that they're protected from division in the event of a divorce.

How to ask for a postnuptial agreement

Asking for a postnuptial agreement is challenging, as you don't want to give your spouse the idea that you're considering divorce. There are several things you can do to ease the tension during this time:

  • Explain your reason for wanting to create a postnuptial agreement: Let your spouse know this has nothing to do with the strength of your marriage, and everything to do with protecting the both of you to the best of your ability.
  • Talk about the pros and cons: Both of you should have a clear understanding of the pros and cons associated with the creation of a postnuptial agreement. This will allow you both to make informed decisions.
  • Listen: Even if you have a lot to say, it's critical to sit back and listen to how your spouse reacts. Answer their questions, provide feedback and allow them to openly express their opinions on your stance.

In addition to protecting against property division disputes, a postnuptial agreement can help keep you safe from debt that your spouse brings into the marriage.

A postnuptial agreement isn't the right decision for every married couple, but it's worth a consideration. If you decide to proceed, learn more about your legal rights and the steps you must take to make the document valid.

Visit our website and read our blog for more information on postnuptial agreements, property and debt division, and related family law topics.

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