Deciding whether to sign a prenuptial agreement can be one of the most difficult decisions engaged people face. Prenuptial agreements aren’t useful for every couple. While wealthy individuals do often use prenups, prenuptial agreements have far more uses than simply protecting the assets of a wealthy individual. Prenups can be used to:
- Protects assets
- Protect one person from assuming the debts of the other
- Determine how property will be passed after a death
- Clarify financial responsibilities during a marriage
- Avoid long, often costly disputes if a divorce happens
- Put a limit on alimony, if the marriage fails
A premarital agreement tends to take a divorce in two directions: it can make it easier or make it more complicated. A prenup can be used to help resolve some of the issues that are typically discussed during a divorce and there are some obvious benefits. It could help to reduce tension, as well as decrease the need for court intervention in handling problems throughout the divorce process.
As a result, there isn’t much that the attorneys and the court have to do to resolve the case. This is clearly a good thing, especially since it should cut down on legal fees and allow the process to move along much faster. Hiring a Arizona attorney can help if you aren’t familiar with the laws, or if you’re having trouble interpreting the rules. It is common for each person to have their own attorneys review the prenup. Before you file for divorce, you need to get a copy of your prenuptial or postnuptial agreement to use as evidence.
Your attorney will help you review the agreement and make sure that it is valid. If the prenup appears invalid, an attorney will help you get it fully or partially set aside. If it is valid, however, the items must be followed by the court.
If you have questions about drafting a prenuptial or postnuptial agreement, or about how an existing nuptial agreement will affect your divorce case, the attorneys at Shaffer Family Law are here to help. We can answer any questions you may have and help you find affordable, efficient legal solutions that meet your needs.
We are here to help handle any divorce issues as peacefully as possible and with as much compassion as possible. Though, we won’t hesitate to fight aggressively if needed to protect your rights. To schedule an initial consultation, give our Arizona office a call at (480) 470-3030.