Will a Prenuptial Agreement Affect My Divorce?July 24, 2019
Many divorcing parties may not realize that having a prenuptial agreement does not necessarily make divorce easier. Divorce, even in the best of circumstances, can be complicated. A prenuptial agreement is a contract between two marrying parties that provides a foundation for understanding the assets each party brings to the marriage, as well as an agreement related to debts. Prenuptial agreements also try to resolve issues that might come up in a divorce, such as whether one spouse will be eligible for alimony, or which assets are exclusive to one party.
Prenuptial agreements can be game changers, especially in high-asset divorces. Additionally, they can make negotiating much easier between the divorcing parties. Yet, they are not necessarily airtight. Below are some instances whereby prenuptial agreements may not hold up.
The Prenuptial Agreement Could Be Contested
Imagine a situation where a divorcing spouse tells the court that they were coerced into signing a prenuptial agreement. They are obviously trying to prove the prenuptial agreement as invalid, but will need to be able to back up their claims with documentation and other proof. For instance, they may have signed the prenuptial agreement after an illness that left them temporarily mentally incapacitated. If they can show evidence of this fact, the prenuptial agreement may be thrown out.
The Prenuptial Agreement Could Be Invalid
Not all prenuptial agreements give both sides equal consideration. If a judge determines that the prenuptial agreement is lopsided in favor of one spouse, it may be considered invalid. A prenuptial agreement that gives all property and assets to one party and denies the other any support may be deemed unconscionable. In this situation, the court might insist that the divorcing parties create a new plan, so they receive fair and equitable distribution of assets.
The Prenuptial Agreement May Be Outdated
What if a prenuptial agreement was signed 25 years ago, a time when you and your spouse-to-be were making nearly the same amount of money? At that point, you both may have assumed that you would not ask for support in the event of a divorce. Since that time, your spouse experienced a terrible car accident that left them unable to work and earn income. Chances are a judge may find that the prenuptial agreement no longer seems appropriate given the circumstances.
Media Divorce Lawyers at the Law Office of Deborah M. Truscello Advise Clients on Prenuptial Agreements in Divorce
If you are considering a divorce and have concerns about your prenuptial agreement, talk to a Media divorce lawyer at the Law Office of Deborah M. Truscello today. For a free consultation, call us at 610-892-4940 or contact us online. Located in Media, Pennsylvania, we serve clients throughout Media, West Chester, and Delaware County.