Marriage is a union that is meant to bind two people together for life. For many couples who get married, the possibility that their relationship may end in the future is far from their mind. However, life can be unpredictable, and a variety of unforeseen events can occur that could potentially lead to divorce. Some couples may choose to prepare for this eventuality by creating a prenuptial agreement before they get married. Those who are already married can also create a legal agreement that will address how certain issues will be handled if they do decide to divorce in the future. These agreements are known as postnuptial agreements.

When Can a Postnuptial Agreement Be a Good Idea?

Postnuptial agreements are generally designed to help couples address financial concerns, and they can provide an added layer of protection in the event of a divorce. These agreements may include terms addressing ownership rights to certain assets, and a couple may make decisions about how different types of marital property will be divided in the event of divorce. A postnup may also address spousal maintenance (alimony) and determine whether one spouse will or will not pay support to the other and the amount that will be paid.

Spouses may want to consider creating a postnuptial agreement in the following situations:

While most married couples do not want to think about the possibility of divorce, it can be a good idea to consider what could potentially happen if a marriage should end in the future. Making decisions about divorce-related matters ahead of time can help couples avoid conflict, and it may even help a couple avoid divorce altogether, since they will understand how they will be affected if they do choose to end their marriage. A couple can use a postnuptial agreement to make these types of decisions. 

A postnuptial agreement, which is also known as a postmarital contract, is a legally binding document created by a husband and wife after they are married. A postnuptial agreement is similar to a prenuptial agreement in that it sets forth each spouse's rights and obligations with respect to property, debts, spousal support, and related issues in the event of divorce or death.

Benefits of Postnuptial Agreements

Postnuptial agreements can provide numerous benefits for married couples, both during the marriage and in the event of a divorce. Some of these benefits include:

After a divorce involving children or the separation of unmarried parents, child custody orders will be put in place that will detail how the parents will share the responsibility of raising their children and how they will divide visitation time. In the years after an order is established, a parent may believe that modifications are necessary due to changes in the lives of themselves or their children. 

Parental relocation is a common reason for modification requests. A parent may choose to move for a variety of reasons, including to pursue employment opportunities, to be closer to other family members, or to live in a more affordable location. While some relocations may only require minimal adjustments to visitation schedules, others may result in major modifications that will affect the relationship between the children and the other parent. When disputes about relocation requests occur, parents will need to understand the issues that courts will consider as they determine whether modifications to child custody will be made.

Factors Considered in Parental Relocation Cases

As with all other matters related to child custody, the primary concern of a family court judge will be to protect the best interests of the children involved. When addressing these issues, they may consider multiple factors, including:

Few people expect to get a divorce when they are getting married and planning for a future with their partner. Considering a possible divorce in the midst of these plans can not only seem unproductive, but it may be downright offensive to a couple and their family members. However, the fact remains that a significant percentage of marriages do not last, so making plans for this possibility can often be a good idea. A prenuptial agreement that details how certain matters will be handled in the case of divorce may even strengthen a couple’s bond by giving them a reason to fight to keep their relationship strong. 

Terms That Can Be Included in a Prenup

A prenuptial agreement, which is commonly known as a “prenup,” is a legal agreement between a couple who plans to get married. A prenup is treated the same as a contract, and the parties will be bound to its terms in specific circumstances. Typically, a prenup will detail how certain issues will be handled if the couple’s marriage ends, including if they get a divorce, if they choose to legally separate, or if one spouse dies. 

A prenup can generally include decisions related to:

Following the divorce or breakup of a couple who have children together, child custody orders will usually be put in place. In these cases, parents are often able to reach agreements on how they will share legal and physical custody of their children. By making the commitment to work together as co-parents to raise their children, they can maintain positive parent/child relationships and make sure they are putting their children’s best interests first. Unfortunately, situations may arise in which a parent refuses to follow the terms of a child custody agreement or interferes with the other parent’s parental rights. In these cases, a parent will need to understand their options for enforcing the court’s orders and ensuring that they will be able to maintain relationships with their children.

Addressing Child Custody Violations

Even if parents are able to reach agreements about how they will share child custody, a parent may be unhappy with the decisions that were made, and they may refuse to follow certain terms of an agreement. Violations can also occur because a parent does not prioritize their relationship with their children or otherwise acts irresponsibly. Unfortunately, this can lead to inconsistency for children, which can cause them emotional harm, especially if they are unable to follow regular routines or cannot spend time quality time with a parent when they expect to do so.

There are many ways that a parent may interfere with the other parent’s time with their children or commit violations of a child custody agreement, including: