Fertility issues and health complications like cancer can lead couples to require medical help to conceive and carry children. In vitro fertilization (IVF) is a modern medical technique that allows for the fertilization of an egg with sperm and the storage of fertilized embryos until such a time as a couple is ready to try implantation. Treatments with hormones help facilitate higher success rates in IVF for couples struggling with pregnancy.

Unfortunately, the stress of trying to start a family can damage a couple’s relationship and possibly lead them toward divorce. If you have not yet started IVF but intend to or if you have started but your marriage has begun to deteriorate, it may be time to create a marital agreement, like a postnuptial agreement, about your embryos.

A postnuptial agreement now can save you a lot of hardship later

The fertilized eggs or embryos stored and waiting for implantation can often become a contentious matter in a pending divorce. One spouse may want to move forward with the IVF treatment, while the other may not want to have children with their spouse anymore in the event of a divorce.

Discussing what to do before you get divorced can make it easier for the two of you to handle this potentially emotional issue with grace. Some couples agree to donate their embryos to others trying to start a family, while others may agree that the destruction of embryos is the better choice for their family.