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Family law | When it's too late for a prenuptial agreement

Some amount of conflict is an unfortunate fact of life in nearly all marriages. As family law attorneys, we know that prenuptial agreements can reduce some of this conflict, especially financial conflict. However, many couples in the throes of love feel that they will never need a prenuptial agreement. Unfortunately, after a few years together, the process of living life and experiencing hardships can wear the shine off the marital apple.

Once you are married, it is too late to establish a prenuptial agreement, but you can still take steps to reduce your marital conflict with a simple document. A postnuptial agreement can serve many of the same purposes that a prenuptial agreement can. A family law attorney can go into detail about these agreements as they pertain to your individual situation, but in the meantime, here are a few benefits to mull over with your spouse.

  • Addresses property division matters in case of divorce
  • Enables spouses to agree on financial matters (investing, spending, etc.)
  • Protects the financial future of a couple's children
  • Promotes financial unity in a marriage
  • Potentially reduces conflict by outlining spousal responsibilities

A postnuptial agreement can stabilize a rocky marriage and allow the spouses to come together on many issues. However, we want you to understand that family law courts in North Carolina and elsewhere can choose to disregard a postnuptial agreement. If the agreement is reasonable and does not benefit one spouse over the other, you have a better chance of getting judge approval.

A postnuptial agreement may not be the answer for all couples, but it is at least worth discussing with an attorney. We offer more information about family law matters in our blog and on our website. Please visit us.

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