"The main difference is timing and the scrutiny a postnup might face based on the laws of the presiding jurisdiction, should there be a challenge. Given the increased potential for power imbalances between spouses once they're married and the duress one spouse could face from the other, a postnuptial agreement can be effective in helping couples rebuild after betrayal when used with good intentions by both spouses."
"It's worth noting that a betrayal, such as an affair or an undisclosed addiction, isn't necessarily rooted in finances. However, betrayal of any kind could impact a couple's financial situation, which a postnup can help ward against. This includes but is not limited to lying about spending or debts, reneging on career or relocation plans, and sharing personal information without their spouse's consent. Here's what a postnup can do to restore order in a marriage."
A postnuptial agreement can help couples rebuild trust after betrayal by prompting detailed conversations about finances and establishing clear, memorialized expectations for assets and liabilities. The agreement can mitigate risks from financial dishonesty, undisclosed debts, career or relocation changes, and sharing of sensitive personal information. Legal enforceability varies by jurisdiction and courts may scrutinize postnups more closely due to potential power imbalances and duress after marriage. When negotiated in good faith by both spouses, a postnup can serve as a roadmap for moving forward, reinforce commitment, and create practical safeguards to reduce future betrayals and financial harm.
Read at Psychology Today
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