Post Nuptial Agreement- Can It Fix a Troubled Marriage?

Many couples in marriages that have been rocked by problems such as infidelity are considering the possibility of entering into a post nuptial agreement in a bid to prevent separation. Unlike pre-nuptial agreements which are entered into before marriage, post nuptial agreements are entered into by couples who are already married. It can be triggered by a marital conflict or considerable change in financial status of any of the contracting parties. Like pre-nuptial agreements however, it is intended to protect assets and properties of any of the spouses in case of divorce or death.

A post nuptial agreement is a highly considered option for spouses undergoing some difficulty in their marriage but do not prefer to have a divorce. It seeks to reconcile a marriage by attempting to prevent future offenses as in the case of a cheating spouse. The agreement can contain stipulations penalizing the unfaithful spouse such as a smaller share in property division or awarding of monetary consideration to the faithful spouse.

Couples who enter this kind of agreement are expected to abide by the laws governing pre-nuptial agreements which require stipulations to be fair to both parties. There is careful attention given to this matter since one spouse can unduly influence the other, taking into consideration the fiduciary duty of the spouses to each other. Legal experts hold the view that post nuptial agreements are most effective when the couple are in complete unity in saving the marriage.

Success rate of post-nuptial agreements is higher when used in resolving relatively minor problems such as incompatibility or stress-related issues. It is not so when used in marriages experiencing more complicated problems such as physical abuse or infidelity. It appears that infidelity cannot be curbed by imposition of fines or like consequences. For a cheated spouse, a post nuptial agreement can provide financial protection for the risk of continuously living with an unfaithful spouse, serving as a fallback when the marriage ends just the same.