It was not until the 1970s that post-ascendancy agreements began to be widely accepted by the United States. Factors that contributed to this acceptance include the increase in divorce in the 1970s and the organization of so-called “no-fault” divorces that provided that a married couple could obtain a divorce without the need for misconduct against one or both spouses. As a result of these amendments, post-uterine agreements began to be accepted by U.S. jurisprudence. [7] Family lawyers say that more couples are applying for marriage – private contracts between spouses that, like their more well-known cousin before marriage, can determine the sharing of money and fortune of a couple in divorce or after the death of a spouse. While pre-contract agreements are signed under the hopeful and rosy light of commitment, post-nups have a reputation for more transactional agreements, and they are often associated with infidelity or other marital turbulence. But lawyers and some post-nuptials say the agreements can serve couples with special needs. They can solve conflict-causing problems and help each spouse retain ownership of critical assets, such as a family business. Sometimes they can even help to maintain a turbulent marriage, or, if this happens, to simplify and shorten divorce proceedings.

Suzanna and her husband had met and fallen in love when “as he said: “I don`t even have a pan to pee,” she laughs. The death of his father and the sudden responsibility of the company were a dramatic change – and Suzanna says it changed her marital dynamics. “My husband worked so hard to walk on his father`s shoes and not only to protect those assets, but to cultivate them in a way that would have made his father proud and to make sure his sisters weren`t disappointed by him,” she says. “From my point of view – and it certainly takes two, always – but from my point of view, our relationship has borne the bruising of his unique focus on this company. And no matter what his family enjoys in the future, something was born from the victim of our relationship. He was so stressed, a workaholic, and so paranoid. It changed his personality. Losing his father and inheriting this business changed what he was. One of the reasons a person can offer a post-up to their spouse is to punish the partner for misconduct, such as preventing fraud or the partner from participating in this type of behaviour.

In fact, one of the most common reasons couples sign a post-nuptials is for marital malpractice. Recently, celebrities have made the front page of popular tabloids because of their insolent infidelity clauses contained in their marriage contracts. We learn that Jessica Biel will be compensated at least $500,000 if Justin Timberlake cheats on her one day. These infidelity clauses are also becoming increasingly popular for the general population, because many states have introduced a mistake-free divorce and now allow couples to file for divorce without mentioning a “mistake” (such as infidelity/adultery). This is why some courts will no longer monetaryly sanction a spouse by providing more spousal assistance or a similar remedy. Therefore, for many couples, including a non-cheating clause in their post-nup contract, it is often possible for the couple to express their values and define their own divorce rules. Those considering a post-22ial agreement with their spouse should understand that these legal documents are not firmly. Even if a post-uptial agreement meets all threshold requirements to be valid and enforceable, the courts can still bring them down. “We agreed so much on the desire for a marriage that it was said, “Well, it was easy, it`s done,”” Ben says. With contract templates available on the LawDepot website, Krista wrote a first pre-nup project.

“But almost, because it was so easy to reconcile, he was de-derriorized,” Ben continues.