Many engaged couples may think that a prenuptial agreement is unromantic, while other couples may see it as a necessary step before they get married. A prenuptial agreement can help to protect your financial interests, as well as protect your children from a previous relationship, and it can even help to prevent infidelity, substance abuse, and other misconduct.
If you did sign a prenuptial agreement and now are getting divorced, you can expect your agreement to play a significant role in your divorce.
Property division – In general, the law requires divorcing spouses to divide their marital assets and property in a fair and equitable manner. However, you can address property division issues in a prenuptial agreement. The agreement can state that one spouse keeps a business, real estate, or financial accounts in a divorce or can guarantee one spouse a specific amount of property.
Alimony – A prenuptial agreement can also state whether one spouse is entitled to spousal support following a divorce – including how much and for how long.
Misconduct – An agreement may state that if one spouse cheats, the other automatically gets a certain settlement in a subsequent divorce. The same goes for drug use and other misconduct. This can complicate a divorce, because you may have to prove adultery or other actions in order to enforce the terms of the agreement.
If you have a prenuptial agreement, you should have an experienced divorce lawyer in Beaufort review it right away. An attorney can determine whether the agreement is enforceable and how it will impact the outcome of your divorce.