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How postnuptial agreements can facilitate dignified divorces

On Behalf of | Apr 28, 2023 | Family Law

People put off filing for divorce for a lot of different reasons. In some cases, the main deterrent is concern for young children in the family. Others worry about what might happen with their retirement accounts or family-run business.

For those with strong ties to their local community, it could very well be the embarrassment factor of divorce that leads them to remain in an unhappy and potentially unhealthy marriage. They may not worry about the stigma of divorce itself so much as the bad behavior people frequently exhibit during the process. They may worry about what they or their spouse will say in court and how the situation could do permanent damage to their reputation and relationships.

Those who are concerned with how messy divorce often becomes may benefit from negotiating a postnuptial agreement with their spouse.

How postnuptial agreements help those considering divorce

Much like the better-known prenuptial agreement, a postnuptial agreement can provide very clear instructions about how couples will divide their household if they divorce. Postnuptial agreements can include basic expectations for child custody and property division arrangements.

Couples that negotiate these matters ahead of time when their relationship is still in a stable place will have an easier time avoiding the often-emotional battles that developed during divorce proceedings. By cooperating with one another early in the process, the couple can effectively stave off conflict later.

They can address specific concerns without making issues related to marital misconduct part of the public record, which will allow for a much more private divorce process. They will also be able to file an uncontested divorce, which is both faster and less expensive than litigated proceedings.

Postnuptial agreements can sometimes help rebuild relationships

The process of negotiating how a couple would separate their lives can be a powerful wake-up call for those who may have checked out of their relationship for the last few years. In some cases, understanding what the future would hold and also what their spouse expects from them could help people rebuild despite having recently experienced significant relationship challenges.

Even if a couple cannot resolve their differences, they may be in a better position to have compassion for one another and to communicate in a healthy manner as they move forward with their divorce. Exploring every option for overcoming family law challenges by seeking personalized legal guidance can help people find solutions that work for their unique circumstances.