Super Lawyers
Badge 2
Badge 3
Badge 5
Best Lawyers

Should a postnuptial agreement preceed your divorce filing?

On Behalf of | Jun 10, 2022 | Divorce |

You and your husband or wife have acquired substantial wealth during your marriage so, you may be wary about dividing your marital estate during a divorce. Because of Michigan’s equitable distribution rules, though, you should end up with a fair share of everything you and your spouse own.

You may be looking for additional assurance, nevertheless. If there is still some life left in your marriage, it may be worthwhile to negotiate a postnuptial agreement. This may be true even if you signed a prenuptial one before you walked down the aisle.

Protecting your future

Postnuptial agreements can be wonderful tools for those who are planning to end their marriages at some point in the future. With a postnuptial agreement, you can cover in great detail who gets what in a split. This may minimize the number of assets you and your spouse argue over in divorce court.

Maintaining your sanity

According to Psychology Today, couples tend to stay in unfulfilling marriages for at least seven reasons. If you plan to stick it out for a while, a postnuptial agreement may be useful in maintaining your sanity.

That is, your postnuptial agreement can clearly define marital roles and obligations. If you and your spouse abide by the terms of the agreement, remaining in your marriage may not be so depressing and stressful.

For a postnuptial agreement to work, you and your spouse must each agree to negotiate and finalize one. Ultimately, though, if you can get some buy-in from your husband or wife, a postnuptial agreement may make both your inevitable divorce and pre-divorce life a bit easier.