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Why someone considering divorce may want a postnuptial agreement

On Behalf of | Feb 5, 2024 | Family Law

People considering divorce are often open to exploring ways to work on their marriage before committing to a plan of action or inaction. Couples may go to counseling to try to work through their issues or learn new relationship skills. Some people plan extravagant vacations or try to find other ways to reconnect with their spouses.

One possible option for those worried that divorce may be on the horizon is the negotiation of a post-nuptial agreement. Ohio postnuptial agreements are quite similar in form and function to prenuptial agreements. They are a contract between spouses talking about marital expectations and what could happen if the spouses divorce. While bringing up such a contract can be nerve-wracking, it could potentially work out in the favor of both spouses. The very act of negotiating a postnuptial agreement with a spouse could prove beneficial for those considering a divorce filing.

Negotiations can be a wake-up call

A surprising number of people who draft postnuptial agreements with their spouses manage to avoid divorce. The process of drafting the agreement could actually strengthen their marriage and their commitment to one another. Some couples that negotiate postnuptial Agreements are able to work through their marital issues and preserve their relationships.

The spouses have to talk about the issues affecting their marriage and their expectations for one another. Those conversations could lead to better satisfaction with the marital relationship. The need to discuss what should happen in the event of a divorce can also take some of the mystery out of divorce proceedings and help people realize that the grass may not be greener on the other side.

Personal agreements take some risks out of divorce

While the best-case scenario after negotiating a postnuptial agreement might be an improved marriage, divorce could still occur. Thankfully, spouses can at least anticipate a faster, less acrimonious divorce process. The terms that the spouses already set in their postnuptial agreement largely determine what happens during their divorce proceedings. There is no need to fight over property division and other concerns, so the divorce can be more peaceful and less expensive than it would be if they litigated.

Suggesting a postnuptial agreement could be a smart move for someone hoping to avoid a messy divorce or save their marriage. It is an approach that can be beneficial under a host of different circumstances.

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