A prenuptial agreement is an agreement between two people who intend to get married. It mainly addresses financial affairs that would prove challenging to deal with if a marriage ends in a divorce. If you're planning to get a divorce, your divorce attorney can help you enforce the terms of your prenuptial agreement. Here are some ways a prenup affects a divorce settlement.
Distinguishes Separate and Marital Assets
A prenuptial agreement addresses financial issues that may come up in the event of a divorce. It classifies assets as either marital or non-marital. This is important if one of the spouses has a business or family heirlooms that they wish to keep.
Furthermore, a nuptial agreement allows couples to agree on how assets are to be distributed in case of a divorce. If you and your spouse entered into a prenup in good faith, financial negotiations will run smoothly. This leaves you time to focus on more pressing aspects of your separation.
Distinguishes Separate and Marital Debts
Many divorces arise due to financial troubles. It is smart to include a provision in your prenuptial agreement that addresses debts. The basis of a valid prenup is complete disclosure. You and your spouse should fill in a disclosure statement indicating all your assets and debts.
This helps distinguish between separate and marital debts and how the debts will be divided in the event of a divorce. Prenuptial agreements are very helpful in case one spouse gets into a relationship with a huge debt. Your divorce attorney will ensure the division of debts is according to the provisions in the prenuptial agreement.
Prenups Can Help One Avoid Alimony
In many cases, if a couple agrees to waive alimony in a prenuptial agreement, the judge will uphold this decision. This applies even in cases where the circumstances of one of the spouses have changed.
For example, you and your spouse agree to marry while both have well-paying jobs. Before marriage, you agree to include a "no alimony" clause in a prenup contract. In the course of your marriage, you have children, and one spouse remains home to raise the children. When you decide to divorce, the stay-at-home mom demands alimony to help them get back to work. Your lawyer can argue that the prenup indicated there would be no spousal support. The judge will uphold the "no alimony" clause if it is fair when it was made and after determining that the stay-at-home mom will be able to support herself.
Contact a local divorce lawyer to learn more.