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:
- Alimony
- Property division
- Debt division
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 401-400-4254for a completely free consultation today.
