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Does anyone have experience with a postnuptial agreement?

My husband and I are having some major conflicts and he moved out. I believed we are going to get bac together within the next few months with the help of a marriage councilor. I am wondering if a postnupitual agreement would be a good option of us in the future.

Does anyone have experience with this?

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lmt_mom2010

Asked by lmt_mom2010 at 8:13 AM on Apr. 20, 2011 in Relationships

Level 17 (3,325 Credits)
Answers (4)
  • I'm not sure how that would work. You've already entered in to a contract (marriage). It now falls under the marital laws of the state. Any agreements within the marriage now would simply be a settlement agreement for a potential divorce. What types of things were you wanting to put into it? Maybe I'm just not understanding what it actually is.
    admckenzie

    Answer by admckenzie at 8:17 AM on Apr. 20, 2011

  • My DH kinda lost his mind and at one point threated to kick me out of the house that we shared (but he owns since before we got married). I was a SAHM and he at one point was just going to kick me out. I want an agreement that if he ever losses his mind again I would have 60 days to leave the house and XXX number of dollars to start my life over and I would be intiled to most of my earns (since I am in the procces of getting a high paying job). Also how we would agree to fund things for our child such as daily expences, college fund etc...
    lmt_mom2010

    Comment by lmt_mom2010 (original poster) at 8:30 AM on Apr. 20, 2011

  • I have a pre nup with my husband. You need to use a lawyer and have the document filed in court to make it legal and binding. My pre nup spells out the settlement in the event of divorce, division of property, like who gets what, and grounds for violating the marriage contract. This was our 2nd marriage each and neither of us wanted to go through another knock down drag out divorce, and I wanted to protect myself and my investments and $. Happy to say we are still happily married.
    vbruno

    Answer by vbruno at 8:33 AM on Apr. 20, 2011

  • A postnuptial agreement might be a good idea. You can use it to decide who has rights to the house and your income. Usually postnups can’t be used for child custody and child support. Each state has different laws on postnups, and you should really consult with a lawyer.

    Postnuptial agreements are not the same as settlement agreements. Postnuptial agreements are entered while the couple is still married and can be used to help your marriage. If you’re not worried about money, it may be easier for you to work on the others issues in your marriage so you don’t end up getting divorced. Settlement agreements are entered when the couple has already decided to divorce and is not trying to work things out. They are typically used to avoid a long court battle over who gets what.

    Try maritalmediation.com. That website has a lot of information about postnuptial agreements and how to save your marriage.
    SW727

    Answer by SW727 at 2:00 PM on Apr. 25, 2011

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