One of the main reasons people agree to sign prenuptial or postnuptial agreements is to avoid a messy divorce. By taking the time to establish terms for property division and other financial matters before a divorce occurs, spouses can limit the amount of conflict they face while trying to negotiate a settlement.
Most of the time, people who have prenuptial agreements on record can expect a straightforward, uncontested divorce. However, sometimes issues arise in divorces involving marital agreements. What issues might complicate divorces with marital agreements, and how can spouses address them?
One spouse may try to invalidate the agreement
The main concern during divorce proceedings is that one of the spouses may object to the marital agreement. They may claim that the agreement is invalid and may ask the courts to set it aside.
Typically, the spouse making that request needs a valid reason to challenge the prenuptial or postnuptial agreement. There are several scenarios that can give rise to disputes about marital contracts during divorce.
Unconscionable contract terms are a common complaint. If the agreement only protects one spouse, it may not be fair or enforceable. The courts may set aside prenuptial agreements when the documents do not extend reasonable protections to both spouses.
Other times, one spouse might assert that they signed while under duress. Pregnancy and financial threats can result in people signing agreements that are not in their best interests. One spouse could also try to dispute the validity of an agreement because they claim they did not understand the agreement.
Spouses can limit the likelihood of such disputes arising by drafting balanced documents and ensuring that both spouses have attorneys who represent their best interests review the documents before signing them. In many cases, one spouse may be unhappy with the terms of a prenuptial or postnuptial agreement but may not have legal reasons to challenge the document during a divorce.
Having the right support when drafting a prenuptial agreement, negotiating a postnuptial agreement or preparing for a divorce involving such agreements can help people avoid conflict. Prenuptial and postnuptial agreements can help people avoid volatile divorces, but only if the documents hold up under scrutiny in family court.