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Postnuptial agreements can help you before a divorce

Postnuptial agreements are similar to prenuptial agreements. The difference is that postnuptial agreements are signed and created after you get married.

If it was difficult to talk about a prenuptial agreement with your spouse before getting married, then a postnuptial agreement might work better for you. You and your spouse will both have time to talk about what you'd like to see happen in the event of a divorce and come to a reasonable solution now instead of if/when you and your spouse divorce and may not agree with one another any longer.

Here's an example of how a postnuptial agreement could help you: Imagine if you and your spouse are going to go through college. You want to support one another, but neither of you wants to end up with the other person's debt in the case of divorce. You can write a postnuptial agreement to address this concern and prevent yourself from taking on debts in your spouse's name. You can do the same thing with debts such as credit cards or loans so long as you are not listed on that debt. If the debt is in both your names, then you might not be held liable by the court but can be by the lender.

Another benefit of a postnuptial agreement is that it eliminates many of the debates that people have during the divorce process, making the divorce move much faster. It can address property division, alimony and other factors that you're comfortable talking about now, so you don't have to work through these complicated issues later. Our site has more on what to expect if you choose a postnuptial agreement.

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