Divorce Law And Prenuptial Agreements: Things You Should Know

If you have recently decided that it's time to separate from your spouse, you may be wondering about what your prenuptial agreement might mean for an impending divorce. Before you reach out to a divorce attorney, you need to review your prenuptial agreement first and remember to bring a copy of it to the attorney during your consultation. Here's a look at what you need to understand about what that agreement could mean for your divorce.

You'll Have To Identify Asset Ownership

Most prenuptial agreements start with declaring that any assets brought into the marriage will remain with their original owner in the event of a divorce. If this sounds like your agreement, you'll want to take time to detail those assets and their owners so that it's clear in the divorce decree.

You Need To Review The Details For Reasonability

The next thing that should happen is you should work with your divorce attorney to assess the prenuptial agreement for reasonability. It should be equitable to both parties, and there should not be any language that's blatantly unfair or unreasonable for either of you. If there are any questions about the reasonability of any prenuptial clauses, those need to be clarified, either between the two of you or in court, before the final decree is established.

You Can Use The Prenuptial Agreement As The Settlement Framework

When you have a prenuptial agreement, it does make the final divorce settlement easier. The settlement agreement framework will come from the prenuptial agreement's details. Anything that isn't covered in the prenuptial agreement, such as child custody, a marital home, or similar elements, will be the only things that you'll need to discuss and agree upon as part of the settlement process.

You Won't Likely Be Able To Invalidate The Prenuptial Agreement

If you were young when you got married and signed the agreement assuming that you'd never have to worry about it, you may be somewhat distraught now that you're facing a divorce that will be governed by the document. It's important to understand that prenuptial agreements are generally binding and it's a very rare occurrence to ever have one invalidated. If you're concerned about the agreement in question, discuss it with your divorce lawyer ahead of time to determine if there may be grounds for invalidation, but be prepared for it to hold up.

These are just a few of the things that everyone should know before filing for divorce when there's a prenuptial agreement on file. Talk with a divorce attorney near you today for more support.