When you and your spouse get married, you may be ready to share everything from a last name and children to a home and bank account. However, as your circumstances change, you may have thoughts about protecting certain assets. As such, you may want to create a postnuptial agreement. You may be nervous about bringing this up to your spouse, so it’s important to understand how to discuss a postnuptial agreement with your spouse. It’s important to approach this sensitive subject carefully. The following blog explores what you should know about these matters and why it’s in your best interest to work with a Monroe, Louisiana family law attorney to help you during these complex times.
What Is a Postnuptial Agreement?
While many are familiar with a prenuptial agreement, which is a document signed before a couple is legally married, they may not know what a postnuptial agreement is. Like a prenup, a postnup sets terms and conditions for each spouse’s financial rights should they divorce. This includes matters like property division and alimony which are two of the most pressing financial matters a couple will face when divorcing.
The most significant difference between a prenup and a postnup is when it’s created. As the names suggest, a prenup is created prior to the legal union of the couple while a postnup is established after they are already married.
How Can I Discuss a Postnuptial Agreement With My Spouse?
For many, the idea of a postnuptial agreement suggests turmoil or doubt in the relationship, so approaching the subject can be incredibly tricky. You may worry that your spouse will react poorly, thus causing issues in your marriage. However, there are steps you can take to discuss these sensitive matters carefully.
The first thing to consider is when to approach the subject. It’s generally recommended to discuss these matters when you are in a good place with your spouse. Bringing up a postnup while your marriage is already rocky can cause more damage. However, when things are positive with your spouse, they may be more open to having these important discussions.
It’s also important to understand that the framing of these matters is important. keeping the discussion positive by establishing the benefits both you and your spouse can reap by creating a postnup is important. You should also explain that your desire to create one is not rooted in insecurities or issues with your marriage, but rather allowing both of you to feel more secure.
If you and your spouse are ready to establish a postnuptial agreement, ensuring you meet with an experienced attorney for these matters is in your best interest. At Breithaupt, DuBos, & Wolleson, we understand how complicated these matters can be, which is why it’s imperative to work with an experienced lawyer. Our firm will do everything possible to help ensure you and your spouse feel confident in the contract you establish. Contact us today to learn more.
