Can a postnuptial agreement be used to save a marriage?

In a previous post, we discussed how spouses in subsequent marriages looking to preserve assets to pass on to their children, spouses who have sacrificed careers to raise a family and spouses whose family-owned business has seen considerable growth are all viable candidates for executing postnuptial agreements.

To recap, postnuptial agreements enable married couples to reach mutually acceptable solutions regarding such important issues as alimony, property division, child support and child support, thereby ensuring that any future divorce will proceed exactly as planned and without a significant investment of time, money and energy.

Interestingly enough, however, experts indicate that there is another situation outside of asset protection in which executing a postnuptial agreement might prove valuable: saving a marriage.

These experts point to certain crises that can rock a marriage to its very core like addictions, hidden financial problems and, of course, infidelity. Here, they argue that the spouse being asked to forgive or cope with these crises will be that much more willing to do so if they know that there is some sort of protective measure in place for them and, more significantly, their children.

In other words, the safety net provided by a postnuptial agreement frees their mind and enables them to focus their attention solely on saving the marriage. It also serves as demonstration of just how committed the offending spouse is to avoiding divorce.

It is worth restating that in order for any postnuptial agreement to be considered valid it must meet certain requirements. Specifically, it must be equitable, entered into voluntarily, and reached after each side — both of whom must be represented by their own attorney — has a chance to review all assets, income streams and debts.

What are your thoughts on the idea of using a postnuptial agreement to help save a marriage? Is it anything you would be willing to consider?    

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