What To Expect From A Divorce When You Have A Prenuptial Agreement
If you and your spouse agreed to have a prenuptial agreement when you got married, this legal document will play a big role in the divorce process if your marriage ends. A prenuptial agreement is a legal tool that couples can use for protection. Here are several things you should expect if you are getting divorced and have a prenuptial agreement.
There will be less negotiating
One of the main purposes of a prenuptial agreement is to make an agreement about dividing assets and other things before you ever face divorce. In other words, when two people marry and decide to have a prenuptial agreement, they are making the decisions for the divorce upfront. If you get married with a prenuptial agreement, it does not mean that you will definitely get divorced, but it does mean that you will have less negotiating if you decide to split up and get divorced.
This happens because the prenuptial agreement would state how to divide things. Because the agreement outlines these things, there might be very little to discuss and negotiate. This often makes getting divorced easier for couples.
You might be able to challenge the validity of the agreement
There are times, though, when a couple may have a prenuptial agreement to follow, but the agreement might not be completely valid or legal. If one of the spouses feels that the prenuptial agreement is not fair, he or she could challenge the validity of it during the divorce. If this happens, it can delay the divorce, but it may be beneficial for the spouse who is questioning the document.
If you feel that the prenuptial agreement is not fair or legally correct, you may consider challenging it. It may take longer for the divorce to go through if you do this, but it could benefit you more through the settlement you receive.
It is important to know that challenging a prenuptial agreement will not automatically guarantee a win for you. A court will have to review the agreement and make a ruling about it that will decide what happens in your case.
You should hire a good attorney
If you feel that your prenuptial agreement is not fair or legal, it is important to have a good lawyer helping you in your case. Your lawyer might be able to prove that the agreement should not be upheld in the divorce, and this could offer a lot of benefits to you. To hire a good divorce law firm, start interviewing professionals in your area.