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How Do Prenuptial Agreements Affect the Divorce Process?

In most circumstances, obtaining a divorce is a fairly straightforward process. The presence of a prenuptial agreement, however, can change what would otherwise be the standard order of events.

A prenuptial agreement is a legal contract signed by a couple before the marriage becomes official. It may contain items such as the following:

  • A full list of each person’s individually owned assets
  • Which individual assets will remain the sole property of each spouse should the couple get divorced
  • An outline of how any property obtained during the course of the marriage will be divided after a divorce
  • An overview of each party’s responsibility for debts
  • Limits on alimony that would be implemented if the marriage ends in divorce

A prenuptial agreement could make a divorce go more smoothly, as it would likely resolve some of the issues that could otherwise become points of contention during the divorce. This could mean the discovery process is shorter and less involved, and it may help reduce tension during the divorce as many of the important issues have already been settled. Because your attorneys and the court would not have to do as much work to resolve the case, this could also save you money in legal fees.

However, your spouse could ask the court to reject the prenuptial agreement, which might lead to the court working to determine the agreement’s validity. For it to be valid, the agreement must meet certain criteria, such as being in writing, having been entered after complete financial disclosure, being free from fraud and having been entered into without coercion or undue influence.

For more information on the pros and cons of a prenuptial agreement in the divorce process, contact a skilled Jacksonville family law attorney.

Attorney Andrea Jevic contributed to this post.

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