Why Pre and Post Nuptial Agreements Can Help You Plan Your Future
When people hear the words prenup or post up, they often picture cold legal contracts or fear it signals a lack of trust. But in reality, these agreements are just tools— ones that can bring clarity, reduce future conflict and actually strengthen your relationship. When created thoughtfully, especially through mediation, they can be fair, respectful and empowering for both people.
First, it is important to know the difference between the two. A prenuptial agreement is drafted before the couple gets married. It outlines how finances, assets, debts and possibly support will be handled if the marriage ends by divorce (or even death). A postnuptial agreement is a similar agreement made after the couple has already gotten married.
Why would a couple get a pre or post nuptial agreement?
There are several reasons, the primary purpose is to keep property separate. This is helpful if one or both partners have significant assets or debts, the agreement can keep track of what must be paid by whom and if there are agreed conditions to transfer to wither party. It can protect children from financial or personal decisions made in previous or future marriages. It can protect one partner’s business or family wealth that is not intended to be viewed as marital property. It can also be a document that clarifies financial responsibilities, roles or child rearing expectations throughout the marriage.
It is not about planning for divorce. It’s about removing uncertainty, which can reduce tension and build trust.
Mediation makes a big difference
Most prenups and postnups created through lawyers represent the best interest of one side. That can be fine, but it can also turn adversarial or feel transactional. Mediation brings both people to the table, working with a neutral professional to: identify each person’s priorities and concerns; have honest conversations about money, values, and long term goals; and create terms that are mutually agrees upon— not imposed.
When couples craft their agreement together, it feels like a contract against each other instead of a shared roadmap.
What can be included?
How will property and debts be divided in the event of divorce or death?
Whether either spouse will receive spousal support, and under what conditions
How future earnings, inheritances, or gifts will be handled
Responsibilities for certain financial roles during the marriage
Protections for business ownership or family assets
Somethings cannot be included such as child custody or support terms (those are determined at the time of divorce and based on the child’s best interest at that time.)
Key tips for creating a fair agreement
Start early
Give yourself time to talk through everything without pressure, especially when it comes to a prenup.
Be transparent
Full disclosure of all assets, debts and income is required. Hiding information can make the agreement invalid
Focus on fairness
Courts are more likely to uphold agreements that are balanced and created without coercion
Update when needed
Postnups can be used to revise an older prenup if your situations have changed significantly
Final Thoughts
Whether you are just starting your journey or are deep into your marriage, a well crafted prenuptial or postnuptial agreement is not about pessimism— it’s about partnership. Mediation provides a respectful space to build a plan that protects both of you and sets the tone for healthy, open communication about money and the future.
If you and your (future) spouse are ready to take the leap and draft your pre or post nuptial agreement, reach out to Info@Nexusmediation.net or schedule your FREE consultation here.