Can A Prenuptial Agreement Make The Divorce Process Simpler?
The divorce process can be extremely complicated. This is mainly because, during divorce, spouses need to make several crucial decisions while coping with intense emotions. For example, during divorce and depending on the couple’s unique circumstances, a divorcing couple may need to make decisions about property division and alimony. Making such decisions when you and your spouse are not seeing eye to eye can be quite challenging. Because of this, one cannot help but wonder whether a prenuptial agreement can simplify the divorce process. This article discusses how a prenuptial agreement can impact the divorce process.
What Is a Prenuptial Agreement?
This is a written contract signed by a couple before marriage. A prenuptial agreement can, among other things, direct the division of marital property in the event of divorce and provide for spousal support. Indeed, during divorce, Florida courts usually determine whether to award alimony based on both parties’ financial needs, resources, and income potential. However, if a prenuptial agreement includes provisions for alimony, the court will usually consider the agreement terms when deciding about alimony.
Can a Prenup Make Divorce Proceedings Simpler?
Yes, a prenup can simplify divorce proceedings. If, for example, a prenuptial agreement outlines how property and debts should be divided upon divorce, the divorce process is likely to be smoother. Usually, property and debt division are contentious and complicated aspects of the divorce process. It is usually challenging for divorcing couples to agree about how assets and debts should be divided during divorce without the court’s intervention. When there is a prenuptial agreement in place, couples can refer to it when it comes to how assets and debts should be divided, thus eliminating the need for the court’s intervention. Usually, when the court intervenes, it means more time and money will be spent on the divorce process.
Below are other terms of a prenuptial agreement that can help resolve issues faced during the divorce process, thus making divorce proceedings simpler:
- Each party’s rights to alimony or whether no alimony will be provided after divorce.
- Each party’s rights to own and/or manage a family business.
Can a Prenup Complicate the Divorce Process?
In most cases, a prenuptial agreement will make the divorce process simpler. However, sometimes, a prenup can complicate the divorce process. Usually, a prenuptial agreement will complicate the divorce process if one of the parties contests it.
There are several reasons why a spouse would ask the court to reject a prenuptial agreement. The following are some of these reasons;
- The contesting spouse signed the prenup under duress
- The contesting spouse was mentally incompetent when he/she signed the prenuptial agreement
- The other spouse defrauded the contesting spouse in the prenuptial agreement
If a spouse contests a prenuptial agreement during divorce, the court will hold separate proceedings to determine whether or not the prenup is valid, and this will only draw out the divorce proceedings.
Contact an Orlando Family Lawyer
At Arwani Law Firm, we can help you draft an enforceable prenuptial agreement and with divorce proceedings. We are here to help you avoid signing an unenforceable prenuptial agreement and work with you to ensure that the divorce process is smooth. Contact our Orlando family lawyers today to schedule a consultation.