What Happens if You Sign A Prenup and Get Divorced?
Prenuptial agreements are often seen as a safety net for couples who want to establish clear financial boundaries before marriage. But what actually happens if you have a prenup in place and your marriage ends in divorce? Understanding the role of a prenup during divorce proceedings is key to ensuring your interests are protected.
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Answering The Question: What Happens if You Sign A Prenup and Get Divorced?
What Does a Prenup Do During Divorce?
A prenuptial agreement outlines how assets, debts, and other financial matters will be handled during and after a marriage. If you get divorced, the prenup becomes a guiding document for dividing marital property and resolving financial disputes.
Here’s how a prenup might apply in a divorce:
- Property Division: A prenup specifies which assets are separate (owned before marriage, acquired after marriage by gift, inheritance or agreement) and which are marital. California’s community property laws won’t apply to assets protected by the prenup.
- Debt Responsibility: If one party entered the marriage with significant debt, a prenup can ensure the other party isn’t held responsible for it if the couple divorce.
- Spousal Support: The agreement may outline whether spousal support is provided, waived, or capped. However, California courts may modify spousal support terms if they are deemed unconscionable.
- Reduced Litigation: By resolving key financial matters in advance, a prenup can prevent lengthy and costly legal battles during divorce proceedings.
How Ewing Mediation & Family Law Can Help
At Ewing Mediation and Family Law, we specialize in helping couples navigate the complexities of prenuptial agreements before, during, and after marriage. Whether you need to draft, review, or enforce a prenup, our decades of experience ensure your rights are protected.
If you’re facing divorce with a prenuptial agreement, we’ll help:
- Review the agreement to ensure its enforceability.
- Address disputes related to unclear or contested terms.
- Protect your interests in property division and spousal support.
Contact Ewing Mediation and Family Law today for personalized guidance and compassionate support to help you move forward with confidence.