Experience, Accessibility And Proven Results

Photo Of Daniel George Dannenbaum

Is it too late to discuss a marital settlement agreement?

On Behalf of | May 15, 2023 | Prenuptial Agreements |

When it seems as if your marriage is approaching divorce, you likely have many concerns occupying your mind. If you do not have a marital settlement agreement in place, for example, you might worry about the fate of your business or other valuable assets.

Perhaps the most common form of marital agreement is the prenuptial agreement that many couples sign prior to marriage so that each individual’s interests are safe in the event of divorce. You might feel that it is too late to discuss such an agreement, but you can plan your next steps by understanding your marital settlement agreement options late into your marriage.

Signing a postnuptial agreement before divorce

Until your divorce is final, it is never too late to mediate a postnuptial agreement with your spouse. Mediating and arriving at a marital settlement agreement outside of court is often preferable to battling for assets at trial. This type of postnuptial agreement can be effective even if there is no prenuptial agreement in place, especially if both spouses are willing to compromise toward a mutually-favorable outcome.

Approaching the topic of a marital settlement agreement

It can be awkward and stressful to breach the topic of a postnuptial agreement with your spouse, especially if divorce seems imminent. Your spouse might come to the conclusion that you are trying to use a marital settlement agreement to solely protect your own interests. When discussing a postnuptial agreement, it is important to emphasize how both sides stand to benefit and the role of mediation in ensuring a fair resolution for everyone involved.

As long as you remain married and your spouse is willing to cooperate, it is never too late to discuss a marital settlement agreement that can guarantee both sides walk away with what they value most in the divorce.


FindLaw Network