Prenuptial agreements aim to protect the assets each spouse brings into a marriage in the event of divorce. An agreement can usually proceed smoothly when both spouses seek to protect their interests and remain in agreement about how to do so. However, some problems may arise when drafting and enforcing a prenuptial agreement.
By understanding these common prenuptial agreement issues in The Colony, you can prepare to craft an agreement that fits your needs. The experienced prenuptial agreement attorneys at Towson Law Firm could ensure your agreement suits your situation and help you navigate the common pitfalls involved in the process.
If a prenuptial agreement includes unfair or illegal terms, the courts may refuse to enforce it during a divorce. Illegal terms may refer to:
Enforceability concerns are one of the most common prenuptial agreement problems in The Colony. Typically, they arise when one party attempts to include terms that cannot legally be discussed in a prenup.
In order to create a legally binding prenuptial agreement, both spouses must disclose all of the assets they intend to protect. In some cases, one spouse may attempt to hide assets from the other, making it difficult to create a fair and enforceable agreement. Full disclosure allows for a clear prenuptial agreement that avoids common issues in The Colony.
Prenuptial agreements also cannot include terms related to child custody or child support. Child support is set after the separation or divorce of the parents and represents the best interests of the child. A prenuptial agreement cannot, for example, note that one spouse will give up custody in the event of a divorce, or that one spouse will have physical custody of the children if they choose not to remain married.
Another common problem involves some partners in The Colony worrying that a prenuptial agreement implies their spouse does not intend to remain married to them. This can create communication barriers that make it difficult to agree. However, prenuptial agreements offer a common way to protect assets and ensure a smooth transition into married life. They can protect a lower-earning spouse just as much as they protect the higher-earning one.
In some cases, the terms laid out in a prenuptial agreement expire after a set period of time. For example, if the couple remains married for 10 years, they may decide they no longer want to hold to the terms of their initial agreement. Spouses may disagree about such sunset clauses, increasing contention when creating a prenup.
Navigating the ins and outs of a prenuptial agreement can prove very difficult, especially if you and your spouse are not on the same page about the assets you want to protect or the terms you want to include.
Whether you are dealing with these common prenuptial agreement issues in The Colony or want to ensure your prenuptial agreement includes all relevant information, a lawyer could help. Reach out to Towson Law Firm to learn how we could smooth the prenuptial agreement process and help you achieve your goals.
Our Law Firm’s approach to your case is based on individual circumstances. Whether it is a simple negotiated settlement, or it requires an aggressive approach, we will protect and defend your best interests.
