Prenuptial Agreements And Divorce: What To Know
Prenuptial agreements are meant to control what happens if a couple divorces. However, having a prenup in place doesn't always predict what will happen with the divorce. Some prenuptial agreements cannot be enforced for various reasons. If you expect your prenup to guide your divorce, have your divorce lawyer review it with you to ensure that it doesn't suffer from any of the below problems.
The Prenuptial Agreement is Now Unreasonable
What the couple had in mind at the time they complete their prenup may now seem foolhardy. For example, you might have had no interest in horses when you married, so you agreed that your spouse would be awarded any horses you might acquire during the marriage. Now, however, you love horses and are dismayed that you won't get an equal share of the marital horse inventory. Depending on where you live and the other marital assets, you can protest that provision as being unreasonable.
The Prenuptial Agreement has Illegal Provisions
Some matters should be left out of a prenup. The court takes the welfare of minor children very seriously. That means the court gets to determine what happens with them during a divorce, regardless of what is in the prenuptial agreement. In fact, some judges get disgruntled when couples attempt to address matters pertaining to children. If a prenup addresses child custody, visitation, child support, discipline, education, healthcare, and other important issues, there is a good chance that the judge will disallow not only those provisions, but the entire agreement could be held to be void.
The Prenuptial Agreement is Fraudulent
When a prenup is created, the couple is required to provide full disclosure of all assets and debts. That way, the prenup is based on accurate facts. However, some parties hide assets and debts from their potential spouses and thus the prenup is based on incorrect, inaccurate, and false information. For example, if one party withheld information about a beach condo that was used for income production, that is a huge asset that was hidden from the spouse. This type of problem can cause the agreement to be voided.
Prenups Can be Contested
When it comes to prenuptial agreements, nothing is written in stone. While a legal, ethical, and fair prenup will be difficult to challenge, not all prenups are equal. Some were created without legal help, and some contain illegal provisions. If a prenup was part of your marriage, don't waste any time before speaking to a divorce lawyer about it.
For more information, contact a family law attorney near you.