Postnuptial agreements may ease property division upon divorce
During the rush of excitement and anticipation that accompanies an engagement, many Massachusetts couples neglect to have a serious discussion about finances. Even fewer sit down and draft a prenuptial agreement. While the reluctance to address these issues at the onset of a marriage is understandable, it is not a wise financial move. There can be serious ramifications if the relationship ends in divorce and property division becomes an issue. Luckily, the exchange of vows does not mean that a couple has lost their chance to address their financial future. Many couples are turning to postnuptial agreements, which are a form of contract that addresses the same range of issues as a prenuptial agreement, but is drafted after a couple is married. Some couples choose to sign a postnup to avoid the repetition of financial problems they experienced during a previous divorce. Others simply want a measure of security as they move forward in their new relationship. The terms of a postnuptial agreement can vary between couples, but one common stipulation is that both parties are able to leave a marriage with the assets that they brought into the partnership. Just as with a prenuptial agreement, the drafting of a postnup forces the full disclosure of each partner’s financial standing, including assets and debts. This disclosure protects the validity of the agreement. However, it can also serve as a valuable tool to prompt a discussion about investment goals, debt management and retirement planning. One couple who opted for a postnuptial