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Divorce with a Prenup

divorce with a prenup

Divorce is painful of course but what can be even more painful is the divorce settlement. Considering that you and your marriage partner have been together for sometimes, settling the affairs should be easy but unfortunately, this does not happen. In many cases, due to the bitterness created by the events that had culminated in a divorce, the couples have no love left between them. Some may even adopt a vindictive attitude, using the divorce settlement process as an opportunity to get even with their partners. Divorce settlement can become complicated if you signed a prenup.

As you may be aware, prenup is a prenuptial agreement signed by the marriage partners before the marriage. This agreement spells out the terms of the settlement in the event of a divorce. While it is not always fun to talk about divorce, prenuptial agreements are often a very important part of a relationship. This is especially true if one or both of you own a large amount of property, money, or other investments. It is a precautionary measure that will facilitate a quick settlement without going through an elaborate legal process. It may also be equitable in the sense that a mutual agreement is generally likely to be much more fair than a settlement imposed by one partner under force and accepted by the other partner under coercion or even a court judgment, which, while based on legal aspects, may turn out to be favorable to one partner, especially when the other partner is unsuspecting and signs the agreement without understanding it fully. In the pre-marital period when trust runs high and there is an abundance of goodwill, it will not be difficult for a scheming person to take their spouse-to- be for a ride.

A Prenup can impact your divorce settlement severely because the prenup deals with distribution of assets at the time of divorce. If you have agreed for certain terms, then you cannot contest them at the time of divorce. However, there are a few things that can come to your help. A prenup usually has a sunset clause. This clause has the effect of nullifying the prenuptial agreement if the marriage lasts for a specified number of years. The sunset clause may also terminate the prenup if a child is born. So look at the terms of the sunset clause to see whether you can get any relief.

What if your prenup doesn’t have a sunset clause? Well, if the prenup fails to include a sunset clause, it will not be valid in some states. The law thus provides some safeguards against the prenup being used unreasonably under certain circumstances. A prenup can also be nullified by entering into an invalid post-nuptial agreement after the marriage.

Thus, though prenup can affect the divorce settlement, there are also gray areas you can take advantage of, in order to save your interests. In cases like this, it is advisable to seek professional advice from divorce lawyers. They are experienced in handling situations like this and understand all the detail so they can surely help you in the situation.

Free Consultation with Prenup Divorce Lawyer in Utah

If you have a question about your prenuptial agreement and you are considering divorce or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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