While many couples initially balk at the idea, a prenuptial agreement can be an extremely valuable tool. No one goes into a marriage expecting to divorce, but it is important to be prepared for the unexpected hurdles that life throws at you. Even if you never end up needing to use it, knowing that you have a prenuptial agreement in place can make you feel more confident about working out any issues that may come up in your marriage later on.
Any discussion about a prenuptial agreement should always begin with an understanding of what a prenup can and can’t do. A prenuptial agreement can only handle the financial aspect of your divorce in regards to property division and spousal support. It’s important to understand that prenuptial agreements cannot include any terms for child support or custody, and doing so could render the entire agreement void if you end up going to court.
When drafting a prenuptial agreement, it’s also important to keep it as focused and simple as possible and avoid the temptation to put in how household tasks and other mundane matters will be handled during the marriage. Doing so could cause a family court judge to throw the entire prenup out, as issues like who is responsible for washing the dishes are considered too frivolous for a binding legal agreement.
While prenuptial agreements are designed to make the divorce process as easy as possible, there are situations where they can still be complicated. Whether you want to draw up a prenuptial agreement or have decided to get a divorce and need to understand how your existing prenup will affect your case, a family law attorney is one source of assistance.
Source: FindLaw, “Can Prenuptial Agreements Help You?,” accessed Nov. 13, 2015