People in a variety of situations may choose to negotiate prenuptial agreements before getting married. Those starting a blended family or with a prior divorce in their history may want to enter marriage with a contract in place. Individuals with valuable assets or likely to receive large inheritances may also decide to negotiate prenuptial agreements before getting married.
Prenuptial agreements can help strengthen a marriage by requiring that couples discuss difficult matters before getting married. Spouses have already talked about what they expect from one another and the marriage, as well as what might happen if they divorce. A prenuptial agreement can also influence the divorce process if the marriage fails.
What can spouses expect if they divorce while subject to a prenuptial agreement?
Uncontested divorce is likely
Divorce can lead to litigation in family court. If spouses can’t agree on how to divide their assets, then they must rely on a judge to settle their disagreements. Those who negotiate prenuptial agreements can avoid those disputes.
They have already established clear terms for the distribution of their property and possibly even post-divorce financial support. As such, they can quickly and easily arrange for an uncontested divorce.
Divorcing with a prenuptial agreement generally means less conflict. Provided that spouses defer to the terms included in the prenuptial agreement, they can limit the time spent in family court and thereby minimize their divorce costs as well.
Prenuptial agreements can ultimately have a net positive impact on the divorce process. Reviewing the terms of a prenuptial agreement with a skilled legal team can be beneficial for those preparing to file for divorce or to respond to a spouse’s filing either way.