Some people draft prenuptial agreements because they fear divorce. Others may simply have resources that they want to protect when they get married. There are a variety of reasons why spouses may choose to negotiate a prenuptial agreement with one another before getting married.
In some cases, prenuptial agreements can actually deter people from filing for divorce. Those who start marriage off with shared expectations and a clear understanding of what may happen when they divorce may be less likely to divorce than those who do not have those crucial discussions before getting married. However, some couples with prenuptial agreements do eventually divorce.
Prenuptial agreements can prevent messy divorces
Provided that both spouses recognize the agreement as valid, they may be able to divorce without much conflict because they have already established terms for important matters such as financial support and property division. Instead of trying to negotiate terms when their relationship is at its lowest point, they can defer to the terms that they already set when their relationship was in a healthier place.
Prenuptial agreements can potentially pave the way for uncontested divorces in which spouses set all of their own terms and significantly limit the expenses they incur. It is important to know that sometimes prenuptial agreements can be a source of contention during divorce proceedings.
One spouse may insist that they didn’t have proper representation and did not understand the agreement. Other times, one spouse might claim that they signed while under duress, possibly because they were already pregnant.
Occasionally, the actual terms set in the agreement might be the basis for the conflict. One spouse may claim that the agreement is unconscionable because it only extends protection to the other spouse. In such scenarios, the prenuptial agreement could actually be a source of contention as the spouses litigate to determine whether the agreement is valid and enforceable or not.
Understanding how prenuptial agreements influence divorce proceedings can help people know what to expect when they or their spouse decide to file. Many couples enjoy a faster, more peaceful and less expensive divorce because they signed an agreement before they got married.
