What Is a Postnuptial Agreement?

 Posted on October 05, 2023 in Family Law Blog

A lot of people are familiar with the term “prenuptial agreement,” but not as many have heard of a postnuptial agreement. This is an important agreement a couple might draw up once they’re already married if they never got a prenuptial agreement and later understand it might have been wise for them to do so. If you are married and never had a prenuptial agreement, a Lombard, IL family law attorney can explain what is involved in drafting a postnuptial agreement.

How Does a Postnuptial Agreement Work?

In short, it works the same way a prenup does. A prenuptial agreement usually includes details that will help:

• Protect any inheritance either spouse may have received, whether this is in the form of investments, money, or property. The clause will ensure that the inheritance remains the exclusive property of the spouse who inherited it, even after the two spouses are married

• List whatever assets belonged to each spouse before marriage. This will protect their ownership over any property, money, investments, or other assets that were theirs before their wedding, should they later get divorced and need to negotiate a marital asset division

• Detail what spousal support arrangements might be involved in the event of a hypothetical future divorce

• List which expenses each spouse will cover during the marriage

For all the above reasons, a prenuptial agreement can be a wonderful way to give a couple some peace of mind. In a way, it is similar to a will. People do not like to think about dying, but once they have a will drawn up, it can cause them to feel a great deal of relief; everything is clear and decided, and no one will be left trying to figure out what their deceased loved one would have wanted. It is an uncomfortable issue to think about, which then leaves people feeling much more at ease in the knowledge that everything has already been decided. 

A prenuptial agreement is quite similar. Divorce is an uncomfortable thing to think about, especially for an engaged couple that has not even gotten married yet. However, once all the details listed above have been decided, both spouses can rest easier knowing that, should they be involved in divorce proceedings at some point down the line, the entire process will be smoother and quicker because the majority of issues have already been worked out and decided on.

What Should I Do if I Am Married and We Never Got a Prenuptial Agreement?

If you never wrote a prenup, a postnuptial agreement is an excellent way forward. Just like with a prenup, it can be difficult for a couple to have these uncomfortable conversations. However, some couples find it easier to discuss these complicated matters with each other after they have been married for some time and have built up trust between them. A postnuptial agreement will include the same clauses that a prenuptial agreement would have included; it is simply drawn up after the couple has gotten married, rather than before.

Call a Dupage County, IL Divorce Lawyer

If you are married and never drafted a prenuptial agreement, but are worried it would have been the right step, it is not too late. An experienced Wheaton, IL family law attorney can help answer any questions you may have with knowledge and sensitivity. Call [title]] at 630-426-0196 today.