Family Law Specialist Certified By The State Bar Of California

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How premarital agreements may influence divorce proceedings

On Behalf of | Jan 30, 2025 | DIVORCE - High-Asset Divorce

Oftentimes, people negotiate prenuptial agreements and then assume they never need to make use of them. For some couples, that may be the reality of the situation. The process of negotiating a prenuptial agreement allows spouses to start the marriage with shared priorities and expectations. For better and for worse, not even that can prevent divorce in every case.

For those who have signed a prenuptial agreement previously, what impact can they expect the document to have on an upcoming divorce?

Premarital contracts simplify divorce

The best-case scenario for a prenuptial agreement involves both spouses requesting specific protections and having their lawyers review the documents before signing them. Provided that there are no issues with the agreement that might affect its validity, the spouses can rely on the terms they established before marrying to address the challenges of divorcing.

Prenuptial agreements often help designate specific resources as separate property. Spouses may protect businesses, real property holdings or retirement savings as separate assets they don’t have to divide.

Prenuptial agreements can also include clear terms for spousal support, as well as the division of marital property. Spouses can set their own terms in a premarital contract instead of relying on the family courts to apply the community property statute during litigation.

Spouses can convert the terms in a prenuptial agreement into terms provided to the court as part of an uncontested divorce filing. They can then divorce with dignity while maintaining their privacy. No disclosures about personal resources are typically necessary in an uncontested divorce scenario.

Understanding what happens during a divorce if spouses have previously signed a prenuptial agreement can be beneficial for those contemplating divorce. Those about to get married may also come to realize the value of addressing certain issues while their relationship is in a good place.