How might a prenup affect your divorce?

On Behalf of | Aug 7, 2023 | Divorce |

A prenuptial agreement is a contract that allows you and your spouse to designate ownership of specific assets and obligations should you decide to separate. Depending on how you create your prenup and its provisions, it might help speed up certain portions of your divorce.

What issues might your prenup cover?

Property division is among the most contentious parts of divorce, and it is an issue in which your prenup will likely be very useful. In your prenup, you may identify which properties are marital and separate. You may also include which partner has rights to specific debts and properties, including inheritances and heirlooms. Detailing these before your marriage may help minimize disagreements during your separation.

Another complex issue your prenup might help address is spousal support. Some couples try to resolve this issue by including a “no alimony” clause in their prenup. If you have such a provision in your contract and the court honors it, you may waive spousal support without dispute.

What issues might the prenup not cover?

Your prenup may generally cover any topic you and your spouse agree upon, except for child custody and support issues. The court usually recognizes your children’s rights to child support and will likely refuse to honor premarital agreements to limit or remove support altogether.

Furthermore, the court often takes the child’s best interests as the primary consideration when deciding child custody. For this reason, the judge will likely refuse to enforce provisions in your prenup regarding the matter.

A prenup can be a handy tool during divorce, but you need to follow strict and complex guidelines to ensure it is enforceable. Writing your prenup with the assistance of a skilled family law attorney will help you avoid mistakes and ensure that the contract protects your rights and fulfills its intended purpose.



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