Postnuptial contracts: They simply make sense for many women

| Dec 31, 2013 | High-Asset Divorce |

Prenuptial agreements in Georgia and other states are far more common these days than they used to be, for a host of reasons.

For starters, the taboo once associated with them in the minds of many people no longer exists, with prenuptial contracts now being seen with increasing frequency as the utilitarian agreements they are. A prenup is at its essence simply a planning tool that reduces uncertainty and can provide both parties in a marriage with much needed confidence. That can be especially important in the event of a subsequent high-asset divorce.

Moreover, the “prenup as marriage killer” vibe that high numbers of people used to associate with prenuptial contracts is now largely out the window, with a greater appreciation of such agreements being promoted by successive media articles — many of them focused on celebrity couples — over the years.

The flip side of a prenup is a postnuptial agreement, which family law experts note is also growing in acceptance and use. The American Academy of Matrimonial Lawyers recently conducted a survey on postnups, in which more than half of polled attorneys noted that postnuptial contracts are becoming more commonly employed in their practices.

And, noted the organization, women are increasingly the ones asking questions about postnups.

That makes sense, and many wives should be seeking postnup-related information, say family law commentators. They note that a postnuptial agreement can be an especially meaningful and effective planning tool for women who were formerly employed and subsequently left their jobs to raise families. That sacrifice is often not rewarded years later when, following a divorce, they seek to reenter the work force with rusty skills and resumes that are marked by notable work gaps.

An experienced family law attorney can discuss marital contracts — both prenuptial and postnuptial contracts — and how they might be optimally employed in a given case.

Source: The Daily Beast, “Why stay-at-home moms should demand postnuptial agreements, “Keli Goff, Dec. 3, 2013

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