A variety of different personal choices can influence the divorce process. Therefore, it can be quite difficult to predict the exact outcome of an upcoming divorce.
For some people, divorce is less unpredictable because they have already established a prenuptial agreement with their spouse. People who sign a contract prior to marriage may enjoy a faster, less acrimonious divorce because they have already established clear expectations for the division of property and the need for financial support.
How can a prenuptial agreement affect the divorce process?
Couples know exactly what to expect
The terms included in prenuptial agreements might designate certain assets as separate property. The agreement might provide specific instructions about how the spouses divide their income and assets. There might even be rules related to financial support.
Generally speaking, those who have prenuptial agreements can take the terms included in their marital contracts to draft divorce petition documents that accurately outline exactly what should happen with marital resources. So long as both spouses acknowledge the validity of the agreement, they can use the terms included in the prenuptial agreement when petitioning the courts for divorce.
By filing an uncontested divorce, the spouses can bypass litigation. Instead, they simply need to have a judge review and approve the terms included in their settlement with one another.
Litigation could be more complex
Although it is rare, sometimes prenuptial agreements have the opposite effect. They can make pending divorces messier and more complex. In scenarios where one spouse asserts that the prenuptial agreement is invalid or unfair, the contract that the spouses signed to avoid divorce conflict could actually end up causing litigation.
The spouses may go to court to try to convince a judge that the agreement is either valid and enforceable or inappropriate. Factors, including claims of duress or highly uneven and therefore unconscionable terms, could influence how judges rule in such cases. Most people take great care when drafting prenuptial agreements to avoid the contract becoming a source of divorce conflict.
Reviewing a prenuptial agreement and the marital estate may help people know what to expect as they prepare for divorce. While prenuptial agreements often lead to faster, less expensive divorces, they may also lead to highly emotional litigation in rare circumstances.