True love is a powerful thing but
certain love is actually quite rare. Ask a couple that has been happily married
for most of their lives and even they will probably tell you that there
were moments where they had their doubts or fears about where their marriage
was headed. This is a natural part of being in a committed relationship.
For some married people, they want to find a way protect themselves from
this doubt, reduce the stress they are feeling, and ultimately give themselves
peace of mind again. What can do all of this and more for them?
Postnuptial Agreements – The Safety Net of Marriages
You have probably heard about prenuptial agreements before. The documentation
spouses-to-be create and sign together before they ever get married that
discusses what to do and what should be done in the event that they decide
to divorce later. Prenuptial agreements are a great way to plan ahead
and reduce worry during your marriage. It is almost as if your marriage
is an airplane and the prenuptial agreement is your parachute; you hope
you don’t need it but it is great to have it under your seat all the same.
A postnuptial agreement is the twin documentation to prenuptial agreements,
doing basically the exact same thing but being created
after the marriage is finalized. Think of it like the safety net for the tight-wire
walk that is your marriage; you both have already stepped onto the rope,
you both are confident you are going to make it across, but now that you
think about it, setting a net below is just a good idea in all scenarios.
If anything goes wrong, the impact of the fall will be absorbed and there
should be no dramatic complications.
Three of the main topics a postnuptial agreement should discuss are:
In many cases, anything regarding
child support and
child custody is off-limits for a postnuptial agreement. Rhode Island divorce courts,
as well as most other state courts, do not approve of predetermining the
needs of a child after divorce and would rather handle related concerns
as they arise.
There is No Need to Be Upset
Prenuptial agreements sometimes are cast in a negative light due to the
fact that people can perceive its creation as a spouse’s hesitation
to get married. Postnuptial agreements are generally even more frowned
upon. When a spouse brings up the idea, the other may become upset and
think it is nothing but a precursor to
divorce, but the reality could be the exact opposite. Many people who want to
make a postnuptial agreement do so because they care deeply for their
spouses, so much so that they want to ensure they are comfortable and
secure should their relationship fall apart. Planning ahead for the “what
if” and “just in case” scenarios may spare both spouses
stress, trouble, and some heartache later on.
If you think a postnuptial agreement could be a wise choice for you and
your spouse,
contact TJC ESQ. Our Rhode Island family law attorneys would be happy to explain the benefits
of postnuptial agreements and what you should include in yours. When it
comes time to draft and sign one together with your spouse, we will be
there to guide you as well. Just call
401.216.4414 for a completely
free consultation today.