Check Your Prenuptial Agreement Validity Before Divorce Court

If you're beginning the process of a divorce and there is an existing prenuptial agreement, you should not haphazardly assume that there is nothing you need to do to protect your personal interests. Over 60 percent of matrimonial lawyers report the existence of some type of prenuptial agreement between married couples, most of those designed to protect personal property rights.

As soon as the word divorce is uttered in your marital relationship, you should immediately consult with a divorce attorney to review your prenup, if you have one. A divorce attorney can confirm the validity of the document, check to make certain changes during the marriage have not affected the agreement, and ultimately make sure it is a priority when the court determines the division of marital property.

Invalid Prenuptial Agreement

There are a number of things within an existing prenup that can make them invalid, or things could have happened over the course of your marriage that change the substance of the agreement. Once even you have even the slightest inclination that your marriage may be headed for divorce, you need to address the validity of an existing prenuptial agreement.

It is essential to know ahead of time if there is any likelihood that your spouse is going to challenge the prenup during the divorce. Do not take their word for it, if they promise to accept any prenuptial stipulations without contesting them. Things have a way of changing as the divorce proceedings move forward. You need to have a knowledgeable matrimonial counsel, assess the content your prenuptial documents.

Changes During Marriage

If your prenup was properly written and filed prior to your marriage, most likely it will remain valid, unless particular changes have occurred during your marriage that alter that agreement. States have different laws addressing community property, and this is one of the first problems that can make all, or part of your prenup invalid.

You shouldn't falsely assume that just because your soon-to-be ex-spouse signed the prenuptial agreement that all of it will be valid at the time of the divorce. If additional property was added during the marriage that relates to an aspect of the prenup, it could be contested. Property values that increased, or decreased dramatically during the marriage, could also be contested when it comes time to divide marital assets.

Another common dispute when it comes time to concede to the specifics of an existing prenuptial agreement is when one spouse has sacrificed during the marriage to allow the other to pursue career ambitions. Sometimes when it comes time for a divorce, even if business and career earnings were established as part of a prenuptial agreement, one party will decide to contest that aspect of the agreement.

Divorce attorneys like are aware of all the potential problems that you may encounter during the divorce. They are prepared to make sure a prenuptial agreement is valid before any questions arise. It is better to know what obstacles you may stumble upon before your case reaches a judge.