There are many reasons why married couples would want to sign a postnuptial agreement. They may have intended to sign a prenuptial agreement but forgot before the wedding. Perhaps one or both spouses acquired more assets during the marriage and want to protect their assets in the event of divorce. Regardless of the reason, it is a tricky subject to broach, especially if you do not know if your spouse will be okay with it.
Some people believe signing a prenup or postnup is indicative of one spouse believing the marriage will end eventually, which is not the case at all. A marital contract will help immensely in the event the marriage ends, but it can also provide both parties with the peace of mind that they will retain assets or receive support during this time, too.
Outline what you want the agreement to accomplish
Young people getting married may not necessarily see the point of signing a prenup. Neither one owns a home or their own business. If they do not share any children, then a prenup can seem superfluous because neither party owns significant assets.
However, people change as time goes on. You may start your own business that soon attains a net worth in the millions of dollars. Your partner makes much less money than you, and you want to protect your business interests from the possibility of divorce. In this case, you would want to emphasize your desire to protect the business while offering plenty of support to your spouse in case the marriage ends. A postnup could outline how the business owner will provide a fair amount in alimony but the spouse will retain no ownership over the company.
It is all about timing
You do not want to bring up a postnup and the implication of divorce when you are in the middle of a big fight. Instead, select a time when you are both in a good mood. Additionally, you should not begin the conversation by saying, “I want a postnup.” It is a sensitive subject you need to broach with care.