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In your engagement bliss, the thought of creating a prenuptial agreement may not have crossed your mind. The thought of one day separating or divorcing from your soon-to-be spouse may have been a preposterous concept to you. And quite frankly, you may have figured that neither you nor your spouse had any meaningful assets to protect from one another in the first place, especially true if you married young. Well, as the years go on, and your life circumstances change, you may find yourself regretting never taking the initiative to propose a prenuptial agreement. With this, you may be seriously thinking of a postnuptial agreement to compensate. If so, please read on to discover how to go about telling your spouse that you wish to establish a postnuptial agreement and how a seasoned Bergen County family law attorney at McNerney & McAuliffe can help you open up this conversation.

Why should I consider getting a postnuptial agreement?

Essentially, a postnuptial agreement is a legal document that outlines your and your spouse’s financial protections and responsibilities should you choose to separate or divorce in the future. This is to say that you may initially consider getting a postnuptial agreement if you and your spouse are entering into disagreements or otherwise experiencing strains in your relationship that indicate a potential split.

What’s more, establishing such an agreement may be in your best interest if you or your spouse have acquired significant or complex assets throughout the course of your marriage. The most common example is if you or your spouse has since become a business owner. This legal document may also protect you or your spouse with a reasonable financial arrangement if either of you experiences a weighty shift in income once you get married. For example, if you or your spouse left your employment to raise your children while the other pursued opening their own business.

How should I bring up to my spouse that I want a postnuptial agreement?

You may know in your heart of hearts that a postnuptial agreement is in the best interest of yourself, your spouse, and your shared children. But still, you may find it uncomfortable to address this with your spouse, as you may not want to wrongly indicate to them that a separation or divorce is what you are seeking.

Well, for this, we recommend that you focus on the argument that this legal document is supposed to give you both a feeling of financial security, no matter what happens with your marriage. So, you should emphasize that this is not because you do not trust them, but simply because you want peace of mind for your own sake. If your spouse still struggles to see your side of things, you should perhaps ask them if they are open to speaking with a marriage counselor. Hopefully, this professional may be more effective in delivering your message.

At McNerney & McAuliffe, we share the same goal as you, which is likely to achieve a positive outcome and future for yourself, your spouse, and your shared children. So please do not hesitate to work with a competent Bergen County family law attorney from our firm today.

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