What Happens If You Sign a Prenup and Get Divorced?
If you’re reading this, chances are your future spouse suggested creating a prenuptial agreement or you are the one thinking about getting a prenup. Either way, you might be wondering how the existence of a prenuptial agreement would affect your divorce proceedings in the event you decide to end your marriage.
A prenup isn’t about anticipating your marriage to fail. Rather, it’s about creating a foundation of transparency and trust. And, as a responsible adult, it’s perfectly normal to consider various scenarios, so you can make up your mind about creating a prenuptial agreement or not. At The Spence Law Firm, we help clients in Orlando, Florida, and throughout Orange County and surrounding areas craft valid prenups customized to their specific needs and circumstances.
What Is a Prenuptial Agreement (Prenup)?
A prenuptial agreement is a written contract created by two people before they marry. The document lists all the property each person owns, their debts, and outlines what each person's property rights would be in the event of marriage. Prenups can ensure that prior assets remain with their original owner and can provide financial clarity and protection in case of a divorce.
Why Do Couples Create Prenups?
By creating a prenup, couples can potentially avoid lengthy and costly litigation in the event of a divorce. It serves as a form of insurance policy, offering peace of mind by clearly outlining what each partner is entitled to receive if the marriage does not work out.
Are You Sure You Have a Valid and Enforceable Prenup?
For a prenuptial agreement to be considered valid and enforceable, certain requirements must be met. In Florida, a prenup must meet specific requirements to be considered valid (Fla. Stat. § 61.079):
Written agreement: The prenup must be documented in writing.
Voluntary signatures: Both parties must sign the agreement voluntarily, without any coercion.
Reasonable terms: The terms of the agreement should be fair and not heavily biased in favor of one party.
Validation by marriage: The prenuptial agreement only becomes effective upon marriage.
If any of these elements are missing or compromised, the prenup might not hold up in court, making it essential for each spouse to consult with legal counsel before signing.
Does a Prenup Guarantee a Faster and Cheaper Divorce?
While a prenup can streamline divorce proceedings by clearly outlining asset division, it doesn't always guarantee a quicker or less expensive process. If both parties agree to the prenup's terms, it can save time and legal fees. However, disputes over the prenup can lead to lengthy and costly court battles. In other words, while a prenup can be a valuable tool for minimizing costs and complications, it is not a foolproof solution for a fast or cheap divorce.
What Happens If You Get Divorced With a Prenuptial Agreement?
This depends on which scenario applies to you:
Scenario #1: Spouses Agree with the Terms
If both spouses agree to the prenup's terms, the divorce process is generally more straightforward. In this scenario, the court typically upholds the prenup, and the divorce is resolved more efficiently, saving time and legal fees.
Scenario #2: Spouses Don’t Agree with the Terms
If one or both parties contest the prenup's terms, it may lead to further negotiations or court interventions. Disagreements can arise regarding the fairness, validity, or interpretation of the prenup. This can extend the duration and cost of the divorce process significantly.
Can a Prenuptial Agreement Be Thrown Out by the Court?
Yes, a prenup can be invalidated by the court if it is found to be flawed in certain aspects. Common reasons for invalidation include:
Fraud or misrepresentation: If one party was dishonest about their assets or debts.
Duress or coercion: If one party was forced to sign the agreement.
Lack of full disclosure: If there was a failure to fully disclose all assets and liabilities.
Unconscionability: If the terms are extremely unfair or one-sided.
If you are worried that your prenuptial agreement may be deemed invalid when getting a divorce or you wish to invalidate your prenup, consider contacting an attorney to get legal assistance.
Can a Couple Ignore a Prenuptial Agreement When Getting a Divorce?
Both parties can agree to set aside the prenup during a divorce if they mutually decide on different terms for asset division. This requires agreement and, often, legal documentation to amend or nullify the original prenup. While ignoring a prenup is possible, it is advisable for couples to consult with legal professionals to ensure the new arrangements are fair and enforceable, minimizing future disputes or complications.
Can a Spouse Challenge the Terms Outlined in a Prenuptial Agreement During Divorce?
Yes, a spouse can challenge the prenup if they believe it is unfair, was signed under duress, or if there were undisclosed assets. Legal proceedings will then determine whether the prenup is enforceable.
Do Prenuptial Agreements Have an Expiration Date?
Generally, prenups do not expire unless a specific clause states otherwise. However, couples can include sunset clauses that stipulate the prenup will expire or need renegotiation after a certain period. Without any additional provisions, the prenup remains legally binding throughout the marriage, no matter how long it lasts. That’s why it is crucial for couples to review and update their prenup as needed to reflect any substantial changes in their relationship or financial situations.
What Is an Attorney’s Role When Getting a Divorce With a Prenup?
An attorney can provide crucial guidance during a divorce involving a prenup. They can help interpret the terms, negotiate disputes, and ensure the prenup is enforced correctly or challenge it if necessary. You might want to have an attorney in your corner to protect your interests and navigate the complexities of divorce law with ease.
Need Help With a Prenup or Divorce?
Understanding how prenuptial agreements work and how they impact the divorce process is essential. Whether you're planning to draft a prenup or find yourself in a divorce with one in place, you might want to get help from an attorney.
At The Spence Law Firm, we explain the law to clients and help them address their questions when it comes to family law matters. Whether you need help crafting a prenuptial agreement, getting a divorce, or anything else, we are here at your service. Reach out today to request a free consultation with our attorney.
Located in Orlando, Florida, our firm serves clients throughout Orange County, Florida, and the surrounding areas, including Oak Ridge, Pine Hills, Lockhart, Maitland, Azalea Park, Osceola County, Lake County, & Seminole County.