Premarital Agreements and Divorce
So you’ve decided to get divorced and you signed a premarital agreement before you got married or a post-marital agreement after you got married. What now?
The first thing you’ll want to do is find a copy of the final, signed premarital or post-marital agreement. You should review it to see what the terms are. If you are representing yourself in your divorce it is especially important that you are familiar with the terms of your agreement. If you are working with a lawyer, it will be helpful to know the agreement as well. If you decide to work with a lawyer, make sure to tell her or him that you have a premarital agreement or post-marital agreement and give her or him a copy of the agreement.
Enforcing the Agreement
When filling out the petition or response forms, you or your attorney should be sure to indicate that there is a premarital or post-marital agreement and that you want its terms to be enforced. This will apply to any area that your premarital agreement or post-marital agreement applies to, for example, spousal support or asset division. As you move forward with your divorce process, each case will vary, however, it is important that you make sure the court is aware that a premarital agreement or post-marital agreement exists so that it can be enforced.
In many cases with premarital agreements or post-marital agreements, the agreement covers many or all issues to be handled in a divorce. This can make the divorce process go more smoothly and quickly since there are fewer places where you’ll have to reach agreements.
Setting Aside the Agreement
Setting aside a premarital agreement or post-marital agreement is a more difficult thing to do. Whether the agreement can be set aside and how to go about doing so will vary greatly from case to case. If you would like to set aside a premarital agreement or post-marital agreement, you should seek legal assistance from an attorney, self-help, or other legal resources to learn more.
To learn more about premarital agreements or post-marital agreements and your divorce, contact Romanovska Law.