Be Prepared To Analyze Your Prenuptial Agreement During Your Divorce

Prenuptial agreements have become an increasingly popular way for couples to protect their assets in the event of a divorce. Often, these agreements don’t end up being enforced, as a couple remains married. If, however, two parties do decide to end their marriage and they have a prenuptial agreement in place, then they should expect that contract to largely dictate the tenor and outcome of their divorce proceedings. This, however, isn’t true if the agreement ends up being invalidated, which is why it’s so important to have a thorough understanding of what makes a prenuptial agreement enforceable and how the terms of such a contract could impact your own divorce.

What to Know About Prenuptial Agreements 

Prenuptial agreements are a type of legal contract, wherein couples can decide what will happen to their assets and debts in the event of a divorce. They can cover a wide range of issues, including property division, alimony, insurance policies, retirement accounts, and even estate plans. Most, however, are primarily concerned with determining what each spouse will receive as a part of a divorce settlement if the marriage comes to an end. This could include deciding ownership of the family home, vacation properties, vehicles, business interests, investment and retirement accounts, collectibles, and personal possessions.

The Validity of Your Prenuptial Agreement 

Prenuptial agreements will be enforced in the event of a couple’s divorce, but only if the agreement is deemed valid. This means that:

• The agreement was signed voluntarily;
• Both parties provided full financial disclosure of their assets before signing;
• Neither party committed fraud; and
• The agreement is fair to both parties.

If an agreement is lacking in any of these areas then a court can step in and invalidate the problematic clauses or even throw out the contract in its entirety. In these cases, the court would come up with a settlement agreement for the couple in which their assets are divided equitably. This, however, doesn’t necessarily mean that assets will be divided equally, only that they would be split up in a manner that the court deems fair.

Schedule a Free Consultation Today 

If you and your spouse have a prenuptial agreement in place and are considering divorce, it’s important that you have a thorough understanding of how that agreement will impact your proceedings. For instance, if your contract is deemed valid and enforceable, then what you receive of your marital estate will be dictated by the terms of that agreement. If, on the other hand, your contract is invalidated, then you could be in a position to negotiate a new divorce settlement. In either case, you’ll need the help of an experienced Florida prenuptial and postnuptial agreement lawyer. Dedicated Fort Lauderdale divorce attorney Sandra Bonfiglio, P.A. is well-versed in the issues that could arise during your divorce because of your own prenuptial agreement. Call 954-945-7591 to set up a free case review today. A member of our legal team is standing by and prepared to get started on your case right away.

Sources: 

floridabar.org/practice-areas/marriage-and-prenuptials/

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.079.html