Protecting Your Family And Future

  1. Home
  2.  » 
  3. Divorce
  4.  » How can a prenuptial agreement impact the divorce process?

How can a prenuptial agreement impact the divorce process?

On Behalf of | Feb 23, 2024 | Divorce |

Divorce can be stressful, lengthy and expensive. Couples often find themselves disagreeing about seemingly minor details and may need the courts to resolve their conflicts. Property division issues, in particular, can lead to protracted litigation as spouses fight over how to divide their debts and assets.

The more details that people disagree about during a divorce, the more likely they are to litigate and to have major expenses generated by the divorce. Divorce litigation can take months to complete, results in unpredictable outcomes and can drastically increase the final price of a divorce.

Some people try to preemptively prevent divorce challenges by negotiating and signing a prenuptial agreement before getting married. What impact can a prenuptial agreement have on divorce proceedings?

It allows for an uncontested divorce

Every couple filing for divorce has the option of doing so cooperatively. Sadly, many couples preparing for divorce find it impossible to work together because of the decline in their relationships. When couples have a prenuptial agreement on record, they typically have very little to negotiate during the actual divorce process. They have already set terms that can facilitate an uncontested filing.

Prenuptial agreements can clarify expectations about property division, support matters and other key divorce matters. Theoretically, those with a prenuptial agreement in place do not need to negotiate with one another or litigate in family court. Instead, they can proceed with a simple uncontested divorce filing. The terms established in the prenuptial agreement guide the divorce process and can substantially reduce conflict during negotiations. When spouses agree that the prenuptial agreement is valid, they can anticipate a low-conflict divorce.

It could trigger additional litigation

Prenuptial agreements can occasionally be the source of divorce disputes. Sometimes, one spouse might claim that they didn’t have proper legal representation or signed while under duress. In those unusual circumstances, spouses may litigate about the validity of the prenuptial agreement. Those situations can end up being very frustrating and expensive for the people involved.

Those who are cautious when developing their initial prenuptial agreements have a better chance of avoiding arguments about the validity and enforceability of the agreement later. Understanding how prenuptial agreements affect divorce proceedings could help people preparing for divorce or contemplating the creation of a prenuptial agreement after getting engaged to make more informed decisions about their circumstances.