Preparing For a Divorce Using Prenuptial Agreements

prenup agreement is a legal document drawn up by an attorney

Which outlines various legal terms relating to marriage and includes the conditions upon which the marriage will take place, such as when and where to have the wedding, the names of the bride and groom and the date of the ceremony. Yet, it can be hard to reap the rewards from such a marriage arrangement if the prenup isn’t perfectly implemented or doesn’t contain certain necessary legal language to make it even harder for a future husband and wife to argue over the next several years if the contract isn’t valid. Discussing the do’s and don’t of prenup agreements with an experienced prenup attorney can help ensure that your marriage contracts are legally sound and legally binding.

One of the primary purposes of prenuptial arrangements in family law is to stop couples from getting divorced on bad terms. In most cases, such agreements stop divorces on grounds of abuse, cruelty, desertion or adultery. They also prevent two spouses from getting divorced on grounds of insanity, although family law courts have the power to allow such cases to proceed in exceptional circumstances. And they do have the power to enforce agreements under certain conditions, such as if one spouse is accused of bigamy. The Prenuptial Agreement stops a future spouse from using the family law courts in order to get an annulment, if the Prenuptial Agreement is signed at the time of marriage, and the couple has used the proper procedures to obtain an annulment.

the child’s parents or guardian before he or she is allowed to marry

Another common reason for a prenup to be required is when one or both spouses are very young and unable to conceive. In this case, courts require an agreement under the Vital Statics Act. Under Texas state law, for example, the court must see not contend before it grants a marriage license. Similarly, in Texas, to prevent a child from being born out of wedlock, the court must see not contend before the issuance of a marriage certificate. Some jurisdictions require that a prenup is seen.

A prenuptial agreement can be drafted to provide for a divorce when one spouse becomes very ill or is otherwise unable to cope with the demands of a marriage. In this case, the agreement would ensure that the marriage is terminated upon the illness and death of the husband, wife, or partner. A Florida case, for instance, held that a prenup was required because the wife could not conceive a child and thus had no legal rights to the children. After her death, her husband had custody of the children. A Florida court declined to grant joint ownership of the children to the husband, reasoning that he had given up his parental rights in the prenup.

Divorce can be a long, painful process for all involved

The goal for both spouses is usually the same-achieve whomever has the best post-divorce outcomes. The courts will sometimes accept child support agreements that are lower than the amounts agreed to in the prenup, and the family courts will sometimes refuse to enforce spousal support agreements entered into prior to the divorce. If you have a significant other who is in the midst of a divorce, contact an experienced divorce attorney who can work with your lawyer to create the best prenuptial agreement and child custody agreement possible.

When drafting a prenuptial agreement, remember that the document itself is only one portion of the marriage-if both spouses agree to it. Child support agreements, child custody agreements, and other details may need to be settled between the spouses through a separate act, such as a divorce decree. This is why it is wise to have an experienced divorce and family law attorney draft your document, because the final language of the document must be consistent with the other portions of the marriage agreement. A prenup may have been drafted to avoid the marriage laws’ requirement that a married couple maintain joint legal status, but the drafters of the prenup did not consider the implications that the wording of the prenup could have on the ability of one spouse to remarry or the other to collect alimony or child support from the other. It is important for you, the spouse wishing to remain legally married, to have an experienced divorce and family law attorney review your prenuptial agreement, so that you can ensure that your interests are protected throughout the marriage.

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