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Family law: what are some benefits to postnuptial agreements?

While they certainly aren't romantic, prenuptial agreements are practical. They address the realistic possibility that one's marriage might not last and, should the couple divorce, they can make the divorce process run smoother as many important issues have already been agreed upon.

Of course, for a variety of reasons some couples in Ohio do not execute a prenup prior to walking down the aisle. At first this may seem to be no big deal, but if their marriage hits the rocks years down the road, they may wonder if there is any way to protect their rights. This is when they may want to execute a postnuptial agreement. Like prenups, a postnup addresses each party's financial rights and responsibilities should they divorce. There are many benefits to creating a postnup.

First, sometimes a spouse doesn't truly understand how damaged their marriage is. The discussions necessary to create a postnup can serve as a means of communicating to that spouse the problems that their marriage is currently facing. In fact, both parties often benefit from the process of creating a postnup, because it forces them to discuss matters that might otherwise be swept under the rug.

In addition, a postnup makes it so that each party is accountable for his or her actions. After all, once the postnup is executed, each party will know what will happen financially should their marriage not last. With these consequences clearly spelled out, each party may feel more committed to saving the marriage, to the point of even changing their behaviors if necessary.

A postnup can also set the groundwork for more productive communication between the spouses. When creating a postnup, each party must be open and honest. This could further facilitate a healthier means of communication between the spouses moving forward.

Also, sometimes there is a specific event that has caused a couple's marriage to start faltering. By executing a postnup, each party is forced to look at the big picture. This can help couples move past a roadblock in their marriage.

As you can see, oftentimes a marriage is saved by a postnup. And, conversely, if the marriage is simply untenable, a postnup can make the divorce process easier. So, if you did not execute a prenup, do not despair. A postnup may also be an option to discuss with a family law attorney.

Source: hitched, "The Benefits of Post-Nups: A Simple Legal Document to Guide Your Marriage," Accessed Oct. 22, 2017

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