Not that long ago, prenuptial agreements were relatively uncommon. Only the wealthiest individuals tried to negotiate marital contracts before getting married. Cultural attitudes about prenuptial agreements have since changed significantly.
Relatively high divorce rates combined with more households that have two working spouses make prenuptial agreements seem reasonable. More people now sign prenuptial agreements, including middle-class spouses from dual-income households. In some cases, the act of negotiating prenuptial agreements can help prevent messy divorces by clarifying what should happen in the event of a divorce.
How can prenuptial agreements signed by spouses influence the divorce process?
The agreement can facilitate an uncontested divorce
Prenuptial agreements generally outline economic considerations should divorce occur. Spouses may have declared certain assets separate. They may have also agreed to specific terms for the division of valuable community property.
Spouses can refer to their prenuptial agreement as they negotiate terms for property division and other aspects of the divorce. Their prior agreement can make it much easier and faster to negotiate a final settlement for an uncontested divorce.
The agreement could trigger protracted disputes
Prenuptial agreements do not always simplify divorce proceedings. Occasionally, one spouse asserts that they did not enter into the agreement with full understanding of its implications or of their own free will. In such cases, complex litigation may be necessary.
One spouse may attempt to invalidate the prenuptial agreement by claiming that they signed it under duress, possibly because they were pregnant and afraid of raising a child without support. Claims of the agreement being unconscionable or unfairly biased could also raise questions about the validity of the prenuptial agreement. One spouse making far more demands than the other could lead to the courts agreeing that the contract is unconscionable and therefore unenforceable.
Failing to understand the agreement, possibly due to signing without the guidance of a lawyer, could also be grounds to challenge a prenuptial agreement and family court. In scenarios where there are disputes about the validity of the contract, prenuptial agreements can theoretically complicate a divorce and significantly extend the overall divorce timeline.
Reviewing a prenuptial agreement with a skilled legal team can be an important step while preparing for an upcoming divorce. Prenuptial agreements typically facilitate less contentious divorces, but they can be the source of conflict in some cases. If you don’t already have a prenuptial agreement in place, speaking to an experienced family law attorney can help you decide whether or not a prenuptial agreement makes sense for you.
