A divorce procedure can be pretty straightforward. The basic process includes one spouse filing a petition for the divorce, the other spouse filing a response. After that, there would be an exchange of information about the different aspects of the marriage. This normally happens during the divorce discovery process. If the couple is unable to resolve their issues, the courts would schedule a trial where the judge would make decisions regarding the issues. However, a prenuptial agreement (prenup) can alter the flow of events.
A prenuptial agreement can be described as a legal contract that can be established between a couple that has the intention to marry. While a prenup is a good way for spouses to have proper control over their finances and assets, there can be some downsides.
One of the most common examples of the adverse effects of a prenup is when the other spouse requests the rejection of the agreement. However, to do so, there has to be a legitimate reason. The judge would have to review all the circumstances of the preparation of the agreement.
To establish a valid prenuptial agreement, it has to meet certain criteria. Additionally, the agreement should also be free from “unconscionability” which means unjust or unfair factors. This is only one of the many factors that would be looked into when deciding on the enforceability of the prenup.
To determine if the agreement is enforceable, the courts would have to go through more of a discovery process. To do that, the courts would then have to dig into personal information on either spouse before the marriage as well.
All the work that would be required to establish a prenup by one and the contesting of the agreement by the other spouse might increase the legal fees and prolong the divorce process.
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