We have already spoken about the benefits of prenuptial agreements in a previous Henderson Family Law blog post, and we do recommend that anyone who is getting married considers creating one, even if they can’t imagine property division issues coming up at some point in the future. A lot of couples, however, are reluctant to do so because they think that discussing such issues is pessimistic and not exactly romantic.

What a lot of people don’t realize is that the wedding day isn’t the deadline for creating a contract of this type. Post-nuptial agreements, also known as marital contracts, are becoming increasingly popular as people start to consider the possibility of litigation, however remote, and what they would want to happen at the end of their relationships.

Post-nuptial agreements are very similar to prenups, but they are created and signed after a couple is married. Post-nuptial agreements are legally binding, and they can be a general guideline or a very detailed document, depending on the wishes of the couple. They can set out debt, real estate, personal property and even business divisions, and even state which spouse would get custody of a family pet should the marriage end in a divorce.

Creating a post-nuptial agreement can be an uncomfortable topic. The couple will need to be honest about their individual finances, because failure to disclose assets or debts can make the post-nuptial agreement invalid. Postnups are very useful to have, however, since if they are properly written they provide peace of mind and they can help to avoid a lot of potentially stressful problems in the event of a relationship coming to an end. It’s one less thing to fight over.