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Could a postnuptial agreement save your marriage?

More and more married couples are signing postnuptial agreements. These marital agreements -- which are created during marriage -- are controversial. To some, however, they make a lot of sense. In fact, many couples would argue that, if it weren't for their postnuptial agreement, their marriages would be doomed.

Here's a common scenario in which a postnuptial agreement could be useful: One spouse cheats on the other spouse. The noncheating spouse is hurt, has lost trust in the other spouse and wants to get a divorce. The cheating spouse begs for another chance. The noncheating spouse agrees to stay, but on the condition that he or she gets child custody, possession of the family home and a special portion of the marital estate.

These kinds of agreements have saved many marriages in which trust became an issue like this. However, there are a lot of different reasons why couples agree to the terms of a postnup.

In some ways, a postnuptial or postmarital agreement is the same a prenuptial. It just gets a different name and distinction since it happens after marriage. In other ways, a postnup is significantly riskier than a prenup. There may not be the same level of guarantees, for example, that a court will honor your postnup. As such, if you're going to enter into a postnup with your spouse, you want to make sure that you draft the document in the most legally appropriate fashion.

If you think your marriage, or you, could benefit from a postnuptial agreement, be sure to discuss the possibility with an experienced New York family law attorney so that you fully understand the potential risks and benefits of entering such an agreement.

Source: Bloomberg, "Why More Couples Are Signing Postnuptial Agreements," accessed Nov. 10, 2017

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