Regardless of whether one’s marriage is on the rocks, talking about a post-nuptial agreement may still be advisable. This is because they can help solve current problems and solve problems that may pop up later.
Post-nups are basically the same as a prenuptial agreement, except that they are done after a marriage. The document dictates how assets are divided, should a divorce ever be filed.
Of course, the agreement itself will not solve marital problems, but it can help a marriage move forward. For example, if one spouse has broken the trust of the other, like through infidelity, gaming, drug abuse, etc., crafting a post-nup that provides consequences for that continued behavior can help the other spouse move on. After all, it provides them with some semblance of affirmation and justice, should the bad behavior continue. Even familial issues, like limiting visits from a nosey mother-in-law (or relative that shows up too often) can be written into the post-nup. The key is to work with professionals to get to the root of the marital issues and make a legally enforceable post-nup.
One of the most cited reasons for a divorce is money, so those that are wealthy, bring in significant pre-marital assets, expect or get a large inheritance and that own a business, a pre-nup is essential. Deciding what is fair when everyone is still in-love can avoid costly litigation later, especially as it relates to business interests.
If our Monroe, North Carolina, readers take anything away from this, it is to speak with your professional team (i.e., lawyer, counsel, etc.). Getting things resolved now is the best time to resolve it as it is much cheaper now, then later. This can be beneficial for both spouses.