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Prenuptial agreements to avoid troublesome property division

Divorce can be an emotionally and financially taxing process. It can leave individuals angry and fearful for their future. This can force people to aggressively pursue the things that are important to them, whether that be child support, child custody or certain assets during the property division process. As contentious as these matters can be, a number of them can be avoided even before the issues arise.

This is frequently accomplished through prenuptial agreements. These agreements are essentially contracts between soon-to-be spouses that dictate how certain divorce legal issues will be settled in the event of divorce. A prenuptial agreement can specify how assets will be divided and determine which property will be considered separate and which will be considered marital, which can have tremendous ramifications for the property division process. A prenuptial agreement can also spell out how debts will be divided, which can help protect an individual from unexpected financial obligations post-divorce.

Prenuptial agreements should be negotiated and reduced to a writing in a fashion that is clear and fair. An unreasonable prenuptial agreement likely won’t be considered valid, which completely undermines its purpose. By sitting down and having a discussion about a prenuptial agreement and how it allows both parties to put financial matters aside so that they can focus on their love for one another, a couple can proceed with the prenuptial agreement process with confidence.

Although these agreements can be somewhat emotional in nature, they have very real financial ramifications. This is why those looking to create such an agreement, as well as those proposed with one, should think about discussing the matter with a family law attorney they can trust.