What Happens to Couples Who Divorce with a Prenuptial Agreement in Place?
Prenuptial agreements have become an increasingly popular way for soon-to-be-married couples to protect their financial interests in the event of divorce. There are actually a number of things that can be accomplished by entering into a prenuptial agreement, all of which can make the process of ending a marriage much easier. If you are planning on getting married and have questions about entering into a prenuptial agreement, or already have a prenuptial agreement in place and are thinking about divorce, it is important to contact an experienced Fort Lauderdale prenuptial and postnuptial agreement lawyer who can evaluate your case and advise you accordingly.
Do Prenuptial Agreements Simplify Divorce Proceedings?
Having a prenuptial agreement in place can make the process of obtaining a divorce much simpler, as these agreements typically contain a substantial amount of asset-related information, including:
- A list of both party’s individual assets at the time of the marriage;
- A designation as to which assets will be considered separate property and not subject to division upon divorce;
- Details about how the couple will divide marital property in the event of separation;
- Details about who will take responsibility for debts incurred during the course of a marriage; and
- Whether there are any limitations on one party’s right to alimony.
Having this information in one place can make it much easier to divide a couple’s property upon separation. This is an important advantage, as dividing assets and debts is often one of the most contentious aspects of divorce. However, having a prenuptial agreement in place can eliminate the need for a court to intervene in these matters, saving both parties time and money in the long run.
Could Having a Prenuptial Agreement Make a Divorce More Complicated?
In most cases, having a prenuptial agreement in place makes the divorce process much simpler, less expensive, and less time-consuming. In some situations, however, prenuptial agreements can actually complicate a divorce, although this generally only happens when one of the parties contests the agreement itself. While courts are willing to throw out a prenuptial agreement that doesn’t meet the state’s exacting standards, the process of doing so tends to be time-consuming. It’s also important to note that even if a portion of a prenuptial agreement is found to be fraudulent or contrary to state law, a court could choose to only eliminate the troubling provision, leaving the rest of the contract the same.
Call Our Fort Lauderdale Office Today
Whether or not you have a prenuptial agreement in place, if you and your partner have decided to separate, you may be required to contend with a host of complicated issues, including property division, alimony, and child custody. To set up a free consultation with dedicated prenuptial and postnuptial agreement lawyer Sandra Bonfiglio, P.A. and learn more about how having a prenuptial agreement in place could affect your own divorce, please call our office at 954-945-7591. You can also obtain help from a member of our legal team by filling out one of our online contact forms.