Divorce and Prenuptial and Postnuptial Agreements
The decision to divorce is never an easy one. When two parties decide to split up, they must spend some time coming to an agreement on the main issues of the divorce. These issues often include such things as child support, division of property, and alimony. When a prenuptial or postnuptial agreement is in place, the situation may become more complex. A prenuptial agreement is signed before the marriage occurs, while a postnuptial agreement is signed after the wedding. In both cases, the agreement provides a legal basis for distribution of assets and property in the event of a divorce. An experienced divorce attorney can review the agreement and assist you during the divorce proceedings.
Divorce When an Agreement is in Place
Many times the prenuptial agreement will spell out the terms to be followed if a divorce occurs. It may specify the division of property, assets, and liabilities. If the prenuptial agreement is not well-drafted, it may prove to be problematic during the divorce. While the original intent of the agreement is to be able to resolve issues quickly and easily when divorcing, sometimes the agreement may actually make the process more difficult. If you are considering divorce, you should consult with an experienced attorney to assist you in resolving important issues and in reviewing the prenuptial agreement to determine its validity.
Signing a Prenuptial Agreement
Many couples prefer to sign a prenuptial agreement prior to getting married. Simply signing this type of agreement doesn’t mean that you aren’t genuine in wanting the marriage to succeed. In reality, more than half of all marriages will end in divorce so it is in the best interest of both parties to sign this type of document. Always have the prenuptial agreement drafted by an attorney with experience creating these types of documents. The agreement should address the major concerns that arise with typical divorces and protect both parties if a divorce occurs. The agreement is most commonly used in cases where one or both parties are coming into the marriage with significant property holdings or assets.
Contact an Orlando divorce attorney from Katz & Phillips today to help you deal with issues concerning prenuptial agreements.
