A postnuptial agreement — a contract made after marriage outlining how assets and responsibilities will be handled in the event of divorce or death — can be a proactive tool to protect both parties and bring clarity to the relationship.

Here are three compelling reasons couples might consider a postnup:

1. Your financial situation has changed.
Marriage often begins with a shared financial starting point. But over time, things can shift.

Jane and Joaquin were married for several years when she received a significant inheritance. Matthias decided to start a new business not long after his marriage to Lucas. Margo took on significant debt by beginning medical school a few years after marrying Scott.

In all of these scenarios, a postnuptial agreement can protect both partners by defining how these new assets or debts will be treated, ensuring fairness and security for both sides.

2. You want to strengthen your communication and level of trust.
While it may seem counterintuitive, a postnup can actually help couples feel more secure in their marriage. By having open, honest discussions about finances, goals, and expectations — with the help of professionals — many couples find they gain a deeper understanding of each other’s values.

Jane and Joaquin had open discussions about the use of her inheritance. Lucas was able to honestly share his fears about Matthias’s new business, and Scott and Margo built trust as they discussed their new responsibilities as she started the path to a second career.

It’s not about planning for a breakup; it’s about building a foundation of mutual respect and transparency, a foundation you can build on in the future.

3. You want to provide peace of mind for your blended family.
Imagine the financial stress for The Brady Bunch. For couples with children from prior relationships, estate planning can get complex. A postnuptial agreement can clearly outline what each spouse wants for their children and shared assets, reducing potential confusion or conflict later. It also helps ensure that both the current spouse and children from previous relationships are treated fairly. This gives peace of mind to the couple as well as to their children because they know their parents are looking out for their best interests.

Why Choose a Collaborative Approach?

Postnuptial agreements have historically been viewed as adversarial, but they don’t have to be! A collaborative approach to creating a postnup focuses on cooperation, understanding, and shared decision-making.

Here’s why that matters:

1. You keep the conversations respectful.
In the Collaborative process, each spouse has a specially trained attorney to advocate for their client while working together to find mutually beneficial solutions based on predetermined goals by the couple. This approach encourages respectful dialogue rather than a negotiation battle. Trained professionals also help the conversations flow smoothly, and they can bring in additional guidance from family specialists and financial planners when needed.

2. You want to focus on shared goals, not winning.
Collaborative law emphasizes solutions that support both spouses’ long-term well-being. It allows space for personalized agreements that reflect the couple’s unique relationship, rather than rigid formulas or court-imposed decisions. The solutions can be as creative as the couple, and that’s a win for everyone involved.

3. You can prioritize the relationships.
Talking about sensitive financial topics can be stressful, but the collaborative process can keep tensions low. Couples who go this route often report feeling more empowered and less anxious throughout the process. And isn’t that how you’d like to feel as you tackle these important goals with your spouse?

Your Marriage Deserves Clarity and Care

A postnuptial agreement isn’t about expecting the worst; it’s about building a secure, intentional future together. And when done Collaboratively, it can actually strengthen your relationship for years — and decades! — to come.

At Miroslavich Law, we help couples create thoughtful postnups through a compassionate, Collaborative process that puts your goals first. Schedule your free consultation today to explore whether a postnuptial agreement is right for you and your spouse.

Let’s build a stronger tomorrow by working together.

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