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Should you ask your spouse for a postnuptial agreement?

On Behalf of | Nov 18, 2022 | Divorce

Whether or not your marriage is going strong, having a marital agreement in place can be to your benefit. Even so, your spouse might understandably assume the worst if you mention the subject carelessly.

Either a prenuptial or postnuptial agreement can facilitate smooth proceedings if you choose to go forward with a Georgia divorce. By understanding more about the benefits of having a marital agreement, you can make the best decision regarding when and how to ask your spouse about signing.

How can a postnup benefit you and your spouse?

While a marital agreement essentially serves as a plan for how to distribute assets in the event of a divorce, they do not necessarily have to portend an inevitable split. If you and your spouse have your own careers, businesses or general priorities, then making the decision to sign a postnuptial agreement can simply be an act of protecting your respective feelings of independence. The peace of mind that comes with knowing you can maintain your quality of life if divorce occurs does not have to mean that you intend for it to happen.

How should you bring up the topic of getting a postnup?

If divorce is already on the table, then you can approach the conversation with the intention of settling matters of asset division outside of court. If you want a postnup without implying the possibility of divorce, be sure to emphasize how the agreement benefits both parties and avoid focusing solely on how the document benefits you.

Signing a postnuptial agreement with your spouse can be a good idea for securing the lifestyle you each want for yourselves. While having a postnup does not always lead to divorce, it can certainly benefit you by mitigating the amount of courtroom conflict you might undergo otherwise.