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Advantages and Disadvantages of Postnuptial AgreementsPostnuptial agreements are often grouped in the same discussions as prenuptial agreements. Both are legal documents that help spouses predetermine the terms of a hypothetical divorce, including:

  • Defining marital and nonmarital properties;
  • Determining how marital properties would be divided;
  • Protecting spouses from nonmarital debt; and
  • Setting the expectations for spousal maintenance.

By definition, the difference between a prenuptial and postnuptial agreement is that postnuptial agreements are reached after the spouses have married. Spouses may opt for a postnuptial agreement if it is too late to create a prenuptial agreement or they need to change the prenuptial agreement. However, spouses can have different reasons for creating a postnuptial agreement than they would for a prenuptial agreement.

Changing Relationship

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Preparing For Your Initial Divorce ConversationDivorce is a monumental event that will affect your life and the lives of your family and friends. However, your divorce will start as a conversation between you and your spouse, with a stark message: “I do not want to be married to you anymore.” It can be difficult to build up the courage to have that initial conversation because you anticipate the pain and turmoil that it will cause. Your initial reactions can set the tone for whether your divorce will be amicable or combative. You cannot control how your spouse will react to your request for a divorce, but you can prepare for the conversation in an attempt to minimize conflict.

Be Gentle

Leading up to the conversation, you may have accepted that your marriage is beyond repair and divorce is what will make you happy. Do not assume that your spouse has come to the same conclusion. Recognizing conflict in a marriage is different from wanting to end the marriage. If your spouse is surprised by your divorce request, he or she will likely be angry and upset. You should anticipate this response so that you can:

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