Understanding Whether You Are Protected Or Violated By A Prenuptial Agreement
Posted on: 8 September 2020
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When most individuals get married, they likely do not want to get divorced. However, they might want to ensure that they are not taken advantage of if a divorce occurs. Some individuals have premarital assets that can make them targets for unscrupulous individuals.
Prenuptial agreements have been used by wealthy individuals for many years. New millionaires and moguls may face unique problems and might assume that they can protect themselves by getting married and requesting their potential spouse signs a prenuptial agreement. It may sound like an easy process, but is it? The following points will help you understand circumstances that could cause family courts to review prenuptial agreements and possibly rule against them.
Verbal Agreements
Hopefully, you will not rely on your potential spouse making promises to you and viewing that as an understood prenup. Divorces can get nasty, and parties may deny that there was an agreement or even on what they agreed to. Legally binding prenuptial agreements need to be in writing. Even if someone else supposedly hears the agreement, a judge could rule their testimony as inadmissible in a divorce case.
Inaccuracies and Hidden Information
If you are the "breadwinner" in the relationship, you might be tempted not to disclose assets and other financial information to the person you intend to marry. This non-disclosure could cause issues in divorce proceedings. Even if the spouse admits to signing an agreement, a court could rule against the prenuptial award or alimony amount because of questionable fairness especially if the spouse asserts they did not know or understand.
Timing
This is critical and should be obvious, but some individuals feel overjoyed about getting married and overlook the possibility of irreconcilable difference happening. So, they do not get agreements prior to marriage. Trying to get a spouse to sign a prenuptial agreement after marriage or at the first sign of problems will likely not be viewed as valid protection of your financial interests. Agreements need to be signed well in advance. This can help in the event your ex claims that they were rushed to sign the agreement close to the wedding date.
A divorce lawyer is a good resource to use to understand an existing prenuptial agreement and whether you might face issues challenging it. These lawyers can also provide services that can help you prepare a prenuptial agreement before you get married. This will allow you to outline what things would concern you if the marriage did not end well. It is ideal to address these things in advance despite your best hopes of a successful marriage. Go online to sites like http://gomezmaylaw.com/ to speak with a divorce lawyer and learn more.