Postnuptial Agreement vs. Divorce: Understanding Your Options

When considering the idea of a comprehensive postnuptial agreements vs. divorce, it is important to consider all the factors involved. In this article, we will explore the legal definitions of postnuptial agreements and divorce, the role of language and communication in marital agreements, and the psychological effects of such arrangements. We will also look at the communication needs of couples during the time when a postnuptial agreement or divorce may be needed, and how language decisions can affect the outcome of these options.

A postnuptial agreement is an arrangement made between both spouses after the marriage takes place. The most common reasons for a postnuptial agreement are to decide on power of attorney issues, inheritance matters, and as an incentive for one spouse to stay in a desirable marriage. Sometimes people will enter an agrément postnuptial despite having signed a prenuptial agreement years earlier.

A divorce is a formal ending of a marriage that results in a division of the assets that were acquired during the time of the marriage. A divorce can be either contested or uncontested. During an uncontested divorce, both parties agree on personal, financial, tax, and child custody issues. During a contested divorce, both parties need to litigate specific issues with a family law attorney.

Issues that may motivate a couple to enter a postnuptial agreement may not be as pressing as those that would occur during a divorce. However, there are a number of linguistic reasons that could lead one couple to opt for one or another. For example, a couple may communicate better in one language than another. If English is not one of the couple’s native languages, then perhaps the husband’s parents only speak Spanish. When he speaks with them, they may interpret behaviors and sayings in a way that is unique to only their culture. This could lead that individual to decide that a postnuptial agreement may be the best choice, rather than considering a divorce. In marriages that involve individuals who speak multiple languages, the ability to discuss topics in different languages can also help to clarify issues for one or both individuals.

Like any conflict, postnuptial agreements and divorces can be resolved more efficiently and smoothly if those involved have a more in-depth understanding on the topic at hand. Therefore, one option for a couple experiencing difficulty is for both individuals to first familiarize themselves with the key terms and concepts involved with postnuptial agreements and divorces. There are many handbooks and texts available for topics such as divorce and postnuptial agreements.

However, what if a couple already has appointed a family law attorney to handle their case? In this case, language education can still be helpful to ensure that each individual understands the proceedings as they happen. When a couple hires an attorney who speaks their native language, they are able to keep open lines of communication that allow them to consult with one another whenever needed.

One thing that a couple should remember is that there are some behaviors that cannot be easily conveyed in any language. For example, when a spouse uses physical or mental abuse, that individual can speak any language and the effects of that abuse will still be the same. The only thing to do in such a case is to know when an agreement is better than a divorce. In the unfortunate event that you do need to end the marriage, remember to have the legal process done correctly to ensure the best outcome possible.