“Read the room.”
That is a bit of prefatory advice suggested in a national media piece focused on a notable family law topic.
The subject matter: postnuptial agreements.
The linked question: Do you need one? And, if you think you do, what will your spouse’s reaction be?
Those can easily seem to be loaded queries to many people. A postnup can spell anathema to a large audience in the same way that its close cousin the prenup does. Both prenuptial agreements and postnuptial contracts are often perceived as marriage killers and only gingerly addressed, if at all.
Does that notion generally hold true?
The above-cited U.S. News & World piece couches its answer in reference to postnuptial contracts with a big “it depends.” It notes that, while a postnup “might fix a broken marriage,” seeking to forge one could irretrievably harm a marriage that is essentially happy and intact.
The bottom line, to borrow from a time-honored axiom: If it isn’t broken, don’t fix it.
Here’s the inevitable – and, to some people, perhaps ironic – caveat to that: Where an already troubled union is on display, introducing a postnup “can serve a legitimate purpose and improve a marriage, rather than wreck it.”
If you are thinking about and negotiating a postnuptial agreement, you might want to timely consult with a proven family law attorney.
In doing so, you might indeed find that a marital contract can promote peace of mind and clarity concerning a number of important matters. Those range from contractually addressing great wealth disparity between partners and one spouse’s problematic financial habits to the future treatment of children from a prior marriage and additional concerns.
Experienced legal counsel can provide further information.