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Divorce May be Simplified with Postnuptial Agreement

According to the American Academy of Matrimonial Lawyers, a new trend is rising in divorce planning: postnuptial agreements. Like a prenuptial agreement, a postnuptial agreement outlines who gets what in the event of a future divorce. The primary difference is that, as the name suggests, the contract is signed after the I-do. Worcester couples may find this a healthy alternative to the disputes that can erupt during divorce.

Like a prenuptial agreement, a postnuptial agreement helps spouses determine how property and assets will be divided should their marriage end in divorce in the future. One couple believes that their postnuptial agreement offers them a greater sense of security, and likens the contract to an insurance policy. Such a contract is a way for couples who feel that their marriage may end in the future, to plan in advance before emotions become high causing challenges in the process.

A postnuptial agreement can outline anything, from Grandma's china, checking accounts, personal property, or even the family pet. The key to a successful contract lies in the full disclosure of each party about the assets, debts and property that they each hold. When there are inconsistencies, the court may find the contract invalid, negating the good intentions of the couple and leaving them to start over.

Like most aspects of marriage or divorce planning, the process of drafting a postnuptial agreement can be emotional and challenging. If the couple finds that the process becomes heated, authorities suggest walking away and trying to reach an agreement later. Worcester couples who feel that they need help, such as through an objective third party, should not be afraid to seek options for a strong support system. Planning for divorce preemptively may be challenging, but it may make a great deal of difference in how painful the divorce process may be should it become a reality in the future.

Source: KABC-TV, "Postnuptial agreements becoming more common, signed after couples get marriedundefined," Ric Romero, Aug. 29, 2012