Insights From Real Postnuptial Agreement Projects on ContractsCounsel
If you are considering hiring a lawyer to draft or review a postnuptial agreement, you are not alone. Many couples use ContractsCounsel to find lawyers to help with postnups.
We have analyzed a large sample of real client responses to questions we ask when posting a project so you can better understand real considerations and what to prioritize.
Wherever you may be in the process, this guide will help you understand the issues clients need to think through and how other clients respond.
Note: this analysis comes from real data from thousands of anonymized postings on the ContractsCounsel platform.
Question: Have couples already discussed getting a postnuptial agreement before reaching out to a lawyer?
Answer: In most cases, yes, spouses have already discussed a postnup before reaching out to lawyers.
Given postnups are typically collaborative, most couples have a discussion before reaching out to a lawyer so they can get on the same page about terms. This alleviates back-and-forth between parties, reducing legal costs.
Takeaway: Getting on the same page with your spouse is important and will save arguments and legal costs. Discuss postnuptial agreement terms before engaging a lawyer if you can.
Question: What is the reason for entering into a postnuptial agreement?
Answer: Per the data, the most common reasons couples get postnups are for asset protection and financial clarity. Other reasons include planning for divorce contingencies, businesses, and inheritances.
Takeaway: Understand the reasons behind getting a postnup before hiring a lawyer. Align the agreement with your goals, which may be protecting business interests, clarifying property division, and integrating with current estate planning.
Question: Have couples discussed the terms they want to include in a postnup?
Answer: Yes, most couples have discussed. A small minority have not and want a lawyer’s help addressing these sensitive issues.
Upfront conversations can help reduce friction and back-and-forth during the postnup drafting process, keeping legal fees down and tensions low.
Takeaway: Engage your spouse to discuss terms upfront. It will make the process easier and keep legal fees down. If it is too difficult to discuss, you can get help from a lawyer on how to start the conversation.
Question: Does anyone in the relationship have children from a previous marriage or relationship?
Answer: About half of the couples that want a postnup have children from previous marriages. The other half do not.
Children often drive decisions around financial planning and inheritance. Children from previous marriages are an important factor in a couple’s decision to get a postnuptial agreement.
Takeaway: If children from previous marriages or relationships are in the equation, a postnuptial agreement is a good way to protect their inheritance. Make sure the agreement aligns with your estate planning strategy and documents.
Question: Have you or your spouse engaged in significant financial transactions since getting married?
Answer: Yes, many have. This includes home purchases, businesses launched, and investments made. Some also report new debts.
Large financial transactions can motivate couples to get postnuptial agreements.
Takeaway: If you have engaged in a large financial transaction after getting married, it is a good reason to draft or update your postnuptial agreement. According to the data, it is a large motivator for postnups.
Question: Are there significant assets or debts that need to be addressed?
Answer: Yes, in most cases.
These assets or debts include real estate, retirement accounts, businesses, inheritances, brokerage assets, and debts (mortgages, credit cards, student loans, taxes, etc.).
Takeaway: Significant assets or debts can be another large motivation for drafting or updating a postnuptial agreement.
Question: For contract review, what are common provisions that people are concerned about?
Answer: Real estate and separate property protections are the top concerns. Other concerns include business ownership, spousal support, inheritance, and enforceability.
Clients want clarity on keeping premarital assets separate, protecting income and retirement benefits, and ensuring the agreement is enforceable.
Takeaway: Review the top concerns and make sure you address these with the lawyer you hire to review your postnup.
Question: Who drafted the current version of the postnuptial agreement?
Answer: Most are attorney-drafted. Some start with an online template and some use AI.
Takeaway: There are many ways clients draft the initial versions of postnuptial agreements – with lawyers leading the way.
Final Thoughts on Postnuptial Agreements
Postnuptial agreements are great tools for clarifying property rights, setting clear expectations, and protecting wealth after marriage. Most couples discuss them before hiring a lawyer.
Need help drafting or reviewing a postnup?
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