Law Office of Stephen W. Penn and Associates

When are the best times to propose a postnuptial agreement?

One of the main reasons why many engaged couples in California don’t create a prenuptial agreement is that they don’t want to believe in the possibility that they won’t be together someday. They think that if one of them brings it up, then one spouse might believe that the other thinks their relationship won’t work out.

Postnuptial agreements aren’t exactly easy to bring up either. You don’t want to make it appear to your spouse that you’re expecting a divorce in the near future after being with them for a couple of months or years. It is important to time this discussion carefully. Here are some suggestions on when you should have this potentially difficult conversation:

Early in the marriage

Another reason why so many couples don’t end up creating a prenup is because they may have been too busy prior to the marriage. Not only did they have to plan for the wedding, but they also had to look for new places to stay, new jobs to apply for or where to spend their honeymoon at.

Now that the wedding is over, you can focus on other parts of your marriage. You can make the discussion a little easier by suggesting to use the postnup as an opportunity to evaluate both you and your spouse’s assets before you make any other major purchases such as another car or a timeshare.

After a major life event

You’ll have less trouble bringing the topic up if it’s during a time where both of you are very concerned about the future. One potential example is after the birth of your first child. You both know how much raising a child will affect your finances and how hard it can be for the kid to see their parents separate.

Even if you’ve already made a prenup, these moments provide you the chance to potentially update the agreement now that the circumstances in your marriage have drastically changed.

Later conflicts

Not all postnuptial agreements have to be made within the first five years of your marriage. It might be easier to discuss it with your spouse after nearly a decade. By now, you both know what it’s like living with each other and what potential issues exist in your relationship.

For some, it might seem like hinting that they want a divorce, but for others, it has the potential to strengthen their marriage since it allows you to prepare for the future with and without your spouse.

If you have any further questions on how a postnuptial agreement affects marital property division in a divorce in California, contact a local family law attorney for clarification.

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