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Guiding People Through Divorce With Grace And Dignity For More Than 30 Years

Guiding People Through Divorce With Grace And Dignity For More Than 30 Years

What can a prenup protect

On Behalf of | Jun 22, 2015 | Family Law |

posted in Prenuptial Agreements

on Tuesday, February 5, 2013.

When getting married, it may feel like there are a million things for a couple to consider. The stresses involved with planning a wedding are numerous, but they are not insurmountable. Many couples have gotten married-and divorced-before you and your significant other have tied the knot. One important factor that many people in Stamford, Connecticut, seem to forget about is the prenuptial agreement, a document that can help make a divorce and many of the associated processes much easier on the couple should the marriage end.

One of these processes is the division of property. During this stage, the marital assets are divided amongst the splitting spouses. Usually, the division is rather even. Sometimes, this may not seem fair. For instance, a business owner that gets married and divorced may find that half of her or his business is at risk during the process. If it is, the owner may find that she or he is forced to maintain a business relationship with their former spouse. If this is the case, the owner may be able to purchase the former spouse’s newly acquired portion of the business from her or him.

A prenuptial agreement can avoid this by noting that the business is one spouse’s property; in case of divorce, this would exclude it from the division process. To be certain that the prenuptial is enforceable, a couple should seek out legal support to ensure that the document is created in the proper manner. If it is not, the parameters of the agreement may be thrown out by a judge.

Even if a prenuptial agreement is ignored, a postnuptial agreement can be made. This can also protect assets and determine other factors about the divorce. Be sure to go through the procedure correctly as this document can also be voided in court. Legal representatives for both spouses should examine these agreements before they are signed, ensuring that both spouses understand the document and its contents.