Two recent articles in major media outlets (USA Today and Investors.com) have addressed the popularity and sensibility of postnuptial agreements.
While we recognized the trend in postnuptials in a blog entry last year just as the wave of momentum was beginning to swell, we’ll revisit the topic here, and include tips for how to broach the subject with your partner so that things will hopefully not get too touchy.
Why should I consider a postnup?
Simply put, it just makes good sense. As the USA Today article notes, there are other reasons beyond divorce to consider a postnup.
For example, joint accounts could be at risk if either you or your partner owe debts or are being sued. Additionally, a postnup could make estate planning a bit easier for both of you. While your current partner may be trustworthy in terms of “doing right” by your children in the event of your death, is it a good idea to blindly trust your partner’s next partner?
A certified financial planner is quoted in the Investors.com article as saying that he nearly always recommends a postnup to clients on the verge of a second marriage because of “…issues that can come into play including children from a prior marriage winding up their parent emotionally and financially.”
How should I bring up the idea of a postnup with my partner?
Ah, here’s the potentially tricky part…but it doesn’t have to be. An article from NBC News has a few good suggestions
- Be positive; make it about both of you.
- Even if both of you are on different planes financially, use the idea of the postnup to eliminate any potential fears about the financial concerns of a possible divorce.
- Leverage the circumstances to your benefit.
- If you’ve recently received a new job, a raise or even an inheritance, use those events as effective door openers to the notion of a postnup.
- Make the postnup a part of your estate and financial planning.
- Combining a postnup with other financial planning tools like wills, real estate transactions, etc. makes good sense in putting together a complete financial planning plan.
- Let your lawyer take the heat.
- In many instances, having someone who’s viewed as a neutral advisor can remove any hints of suspicion towards your direction.
For a skilled men’s divorce lawyer in San Diego, call The Men’s Legal Center
Trust us, any agreement concerning your finances and your marriage need to be completed under the expertise of a skilled lawyer.
If you’re interested in talking more about a postnup agreement, we urge you to get in touch with us here at the Men’s Legal Center. Our sole purpose is to make sure men have the resources and knowledge they need for the best possible outcome in family court.
You can reach us at 619-234-3838 or via email.