Creating a prenuptial agreement is an ideal way to determine what happens to assets after a divorce. If one partner has a substantial advantage in terms of assets over the other, prenuptial agreements may eliminate many of the issues that can occur in this sort of scenario. Additional prenuptial agreement benefits may include the following:
- Property Dispersal. A couple may decide ahead of time what will happen to their property in the event of a divorce.
- Separating salary and wages. Income is treated as individual property and unaffected by divorce.
- Waiving spousal maintenance and homestead rights. A couple may end any obligation they have towards spousal maintenance, or any ties each has to the other's family homestead.
Couples can configure a prenuptial agreement in any way they want, so long as they keep the appropriate policies in mind. However, prenups must not be made quickly or nonchalantly. If the documents are not made consistent and detailed to exact specifications, there may be worse problems with the agreements than there would have been without them.
No matter how uneven or unfair a prenuptial agreement appears, it cannot simply be thrown out at will. However, it is possible to end a prenuptial agreement if simple requirements are met. A prenuptial agreement is capable of being nullified if the following circumstances occur:
- Both parties agree to it.
- One party lied to the other.
- One party forced the other to sign it.
If one of the parties involved in a prenup agreement wants to back out of it, defending the prenup will require thorough, detailed work. The absolute best way to defend a prenup is to make sure that there are no problems with it to begin with. If a prenup is made to the most detailed and researched extent possible, then there can be little fear of it being broken. The only issues that may come up for a well-crafted prenup are accusations of deceit, which may be countered if financial information was freely provided during the agreement process.
If you want your prenup to hold up in court, you will need the focused attorneys at the Law Office of Scott D. Reiner, PLLC to help you. We go over each prenuptial agreement with detail-oriented eyes to minimize the chances that a court will find any faults with it, should they have to scrutinize it.
We work in the Houston, Texas area to deliver your prenuptial agreement needs no matter your side in the matter. If you believe that your former partner used deceit in crafting your prenuptial agreement, we will put as much effort as possible into shedding light on your situation. Call now to receive a consultation on your prenuptial agreement case.