If you are wondering how to tell your spouse that you want a postnup, continue reading for more information. Work with a Sparta NJ family law attorney for legal advice and representation during this time.
What is a Postnup?
A postnup, formally referred to as a postnuptial agreement, is a legal contract written and signed after a couple gets legally married. The contract outlines how assets and liabilities will be divided if the pair were to ever get divorced or separated. The document can even offer instructions if one spouse dies.
A postnuptial agreement can protect the financial security of both spouses, ensure inheritance rights for children, protect a business, and ensure equity and fairness. For all of the benefits a postnup offers, it is often looked down upon as many people assume that by signing one the couple is sure that their marriage will fail.
How Should I Tell My Spouse I Want a Postnup?
If you want to tell your spouse you want a postnup but have no idea how to go about it, consider the following important factors.
Choose the right time: There is no perfect time to tell your spouse that you are considering a contract that will protect you if you get divorced. However, there are certainly terrible times when you could broach the subject. Avoid starting the conversation if you two are in an argument, if they are stressed about work, if they are exhausted, etc. Bring it up in a safe and private space where you can talk for as long as you need.
Get ready: Make sure you come prepared and have done your research. Educate yourself on the advantages and disadvantages of a postnuptial agreement and consider why it might be right for you. Your spouse will surely want to know your reasoning so know what you want to say and how you want to come across.
Have an open conversation: For this to work you must be direct and honest. Begin the conversation in a positive manner, ensuring they know that this is not you asking for a divorce but rather for peace of mind and mutual security. You should be clear about your reasons for wanting a postnup. Explain how these feelings came about and why you believe a postnuptial agreement is the best choice for you as a couple. Emphasize the benefits and how the contract is more of an insurance policy than anything else.
Be sympathetic: Understand that this is likely the first your spouse has thought about a postnup and they may be blindsided. Allow them the opportunity to react and express their feelings on the matter. They may be overwhelmed and have questions for you or need space to process before continuing the discussion. You had time to research and prepare, so offer them the same chance to look into it.
Do not feel pressured to finish the conversation or come to a conclusion during that initial discussion. You may both need time to think and consider. Maintain open communication in the days and weeks following and reach out to an attorney for representation.
