Do Prenuptial Agreements Make Divorce Proceedings Simpler?
Prenuptial agreements have become a popular trend among millennials. This could be because a significant number of millennials are entering marriage later, meaning that by the time they get married, they have more to protect in the event of a divorce. With a prenup, you may be in a better position to quickly determine how to divide assets in case of a divorce. Apart from this, prenuptial agreements can help you accomplish several other things during divorce, making the divorce process much more straightforward.
Although, in most cases, having a prenup simplifies divorce proceedings by making them less time-consuming and less expensive, these agreements can also complicate a divorce. Therefore, if you are almost getting married and you are thinking of signing a prenup, you need to work with an attorney who can help you prepare a prenup that is less likely to cause complications in the event of a divorce. Also, if you already have a prenup and are about to get a divorce, consult an attorney so they can analyze your prenup and advice accordingly.
How Can Prenuptial Agreements Make Divorce Proceedings Simpler?
A prenuptial agreement may include information such as;
- facts about the assets each party had at the time of marriage.
- details about the assets that will not be divided in the event of a divorce.
- details about how a couple should go about the division of marital property.
- an understanding of who takes responsibility for debts.
- details about any limitations on spousal support/alimony.
With a prenuptial agreement that contains the above information, you and your spouse are most likely going to have a simpler time going through the discovery phase of the divorce. This is because the prenup already details the assets you individually owned at the time of the marriage. A prenup detailing such information can also make, the division of assets, both marital and individual easier.
Additionally, prenuptial agreements can make the division of debts easier. Division of assets and debts is one the most complicated aspects of divorce.
These agreements can also reduce tension and the need for intervention from the court.
How Can Prenuptial Agreements Make Divorce Proceedings More Complicated?
A prenuptial agreement is most likely to complicate your divorce if you or your partner contests the agreement. If you or your spouse requests the court to invalidate the prenuptial agreement, the judge will be willing to throw it out. Nonetheless, they will first need to investigate the claims presented. Generally, a judge will need to investigate whether the prenup is valid. The process of analyzing the validity of the prenuptial agreement will delay, and complicate your divorce. The validation process will also most likely cause you to pay more legal fees.
Contact Us for Help Today
Both the couples with prenuptial agreements and those without, have to face complicated issues during divorce. Matters of child custody, and alimony are examples of issues you will have to deal with. To tackle these and other complicated issues that come with divorce, you need to work with a dedicated divorce attorney. Contact the Fort Lauderdale divorce attorneys at Joyce A. Julian, P.A at 954-467-6656 today to schedule a consultation.