Is Your Prenup Going to Apply In Your Divorce?

Divorce-iStock_000016118323XSmallIf your marriage is ending and you have a prenuptial agreement in place, you may think that you are all set and that the premarital agreement is going to dictate the terms of the divorce. In the vast majority of situations, this is exactly what happens. The purpose of a prenup is to protect you in case your marriage ends, so the prenup should control on most of the issues when divorce does happen.

However, there are some limited exceptions. For example, a prenup cannot be controlling on the issue of child support because the right to support belongs to the children and not the parents who entered into the contract. A prenup also isn’t going to end up being controlling on issues of custody.

Even if the prenup addresses something valid, like alimony, it still may not always be enforced. Either spouse could argue there was a problem with the contract, like it was made under duress, to try to have it invalidated.  If the prenup is invalidated, you’ll have to negotiate a divorce settlement or the judge will decide for you on the terms of the divorce. An experienced divorce attorney can represent you in arguing for or against a prenup so you can try to protect your financial interests when your marriage is coming to an end.

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