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Postnuptial Agreements
It is not uncommon for a potential divorce client to express the idea that financial concerns, rather than emotional or other marital problems, have led him or her to consult with a matrimonial attorney. These money problems have resulted in feelings of desperation concerning the marriage and future. Common complaints underlying these concerns include dissipation of assets by a spouse to finance gambling addictions; paying for content on Internet sites to which the spouse is apparently addicted; accumulated debt through excessive shopping; or unwarranted amounts spent on dependent adult children from a prior marriage. When questioned about the relationship's other aspects, these clients often say that they do not really want divorce or separation. They feel, however, that there are no other options available to them to protect their financial survival.
In a number of these instances, we have suggested that these clients consider entering into a postnuptial agreement, a seldom used, but very effective, way to deal with issues such as these. A postnuptial agreement may provide a prospective client with an alternative that can save him or her from litigating over the numerous issues presented by a matrimonial action when only certain issues are truly at hand. Ultimately, a postnuptial agreement can save a marriage.
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