Some couples choose to enter into an agreement prior to their marriage, with the goal of preemptively resolving a number of issues that may arise as the result of future death or divorce. Prenuptial agreements are commonly used when one or both parties have children from a prior marriage, or when one or both parties have substantial assets that they wish to protect from otherwise applicable incidents and consequences of their pending marriage.
Post-nuptial agreements are often called post-marital contracts, and are made after a couple has been married in order to protect the individual income and assets of each spouse in case the marriage ends as a result of divorce or death. A postnup does not mean that you expect your marriage to end in divorce. A postnup can provide a lot of benefits for marriages with special circumstances. However, to be enforceable, there must be clear and convincing evidence of full financial disclosure between the parties.
Many couples who choose to create a postnuptial agreement already have a prenuptial agreement in place. A postnup is often needed when one spouse has a significant shift in finances, like a promotion or inheritance, and the spouses find it necessary to modify the terms of the original prenuptial agreement.
Many business owners will want postnups because a divorce could seriously threaten assets of the business or adversely affect unassuming partners and investors.
Finances are often a great source of tension in the relationship. Couples who are at risk of dissolving the marriage due to frequent disagreements about finances may find that a postnuptial agreement can relieve the burden and improve the marriage.
An adulterous relationship may lead to a postnuptial agreement stating that if the act occurs again, the unfaithful must pay a large amount of cash to his/her spouse.