Settling A Divorce When There Is A Prenup Involved
by Louise Boyd
There are few divorce cases that are fast and easy to settle, but it is often easier settling a divorce when a couple has a prenuptial agreement. A prenup is an agreement the couple made prior to getting married, and it is a legal tool that will be used if the couple decides to get divorced. If you are getting divorced and have a prenup, here are three things you will need to know about the settlement of your divorce.
The Lawyer Must First Prove Its Validity
The first step lawyers will take in a divorce case involving a prenup is to prove that the prenup is valid. There are times when prenups are not valid, and in these cases, they mean nothing in the divorce settlement. If your lawyer can prove that prenup is valid, then the lawyers must follow it during the divorce proceedings. If following the prenup would harm you financially, you might want to fight the prenup by trying to disprove its validity. On the other hand, if following it would benefit you, you would likely encourage your lawyer to prove its validity, so it can be followed in the divorce case.
The Prenup Might Not Contain Every Detail of the Settlement
Once the lawyers prove the validity of the prenup, they will legally have to follow it, but it is important to know that there might be settlement issues that are not outlined in the prenup. For example, if you did not have children when you signed it but now do, there will be issues related to the kids that you must settle, and these issues would not be outlined in your prenup that you signed prior to marriage. If there are issues not addressed in the prenup, you will need to work with your lawyer to settle these issues.
Your Divorce Might Be Faster
The good news about having a valid prenup is that it can help speed up a divorce case, especially if the prenup was very precise in detail about how you would split things up in your divorce. If the prenup was too general, you should expect it to take longer to settle your divorce case, as the lawyers may have to battle things out before reaching agreements on issues.
If you want to get divorced with or without a prenup, you can learn more about the process by visiting a divorce attorney in your city.
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About Me
I am a real estate attorney, and I have been helping clients buy and sell property for many years. Some clients do not realize their legal obligations and options when it comes to purchasing or selling a house or land. I hope that this blog will be a way for people to get information about legal issues in real estate and what they need to know when doing business. Buying and selling property can be complicated, and all parties involved have legal obligations. Know what is expected of you, and you will be able to get the best out of your real estate transactions.