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Prenuptial Agreements and Divorce

Are you considering a prenuptial agreement before marriage? A divorce lawyer can help you establish an agreement that will ultimately satisfy both parties, in the case of a divorce. A prenuptial is a premarital agreement or contract between two prospective spouses implemented for an upcoming marriage or civil union. A prenuptial, also referred to as a prenup or prenupt, can vary widely based upon the division of property provisions and spousal support, should the two parties legally separate.

In order to file a valid prenuptial agreement five elements must be verified:

  • Agreement must be written
  • Must be voluntarily signed by both parties
  • Must not be unconscionable
  • Full or fair disclosure
  • Executed by both parties in front of a notary

A prenuptial agreement is usually seen as a negative element of marriage because it is viewed as expecting ultimate failure within the marriage. Yet, within the United States, prenuptial's are on the rise. This is because couples see it as a standard and smart option to protect themselves in the case of a divorce. Unfortunately, in today’s society divorce is not uncommon and statistics show that half of marriages eventually end in divorce. Most couples see a prenuptial agreement as a way to make sure your marriage is not based upon money and/or other assets. With the help of a qualified Prenuptial Agreement Lawyer, this can be a comfortable learning process for both parties.

A sunset provision is a possible option for a prenuptial contract. This states a specified amount of time needed within the marriage to end the agreement all together. In some states, unless renewed, an agreement is automatically dropped with the birth of child. Although, those states that have approved the Uniform Prenuptial Agreement Act, no such provision is present unless contracted privately. If you have questions regarding your prenuptial agreement and/or the option of a sunset provision, a Prenuptial Agreement Lawyer can assist you today!


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Updated: SC

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