A prenuptial agreement is a contract designed by an engaged couple before they exchange vows. It details what should happen to money and property in the event the couple should one day end their union. Having a prenup in place ultimately affects the divorce process in some notable ways. Here is what you need to know about this important subject.

Legal Processes

In many cases, prenups can streamline divorce proceedings. This is because many of the issues typically up for debate in a divorce—namely, how money and property should be divided—have already been determined and agreed to by the couple. 

The discovery process is shorter; the courts have less involvement; and the details of the settlement can be worked out that much faster. This can also relieve a significant amount of stress during what is likely a difficult and emotional time for each spouse.

Invalidation

In some situations, one spouse may seek to invalidate the prenup. This complicates the proceedings, requiring the court to investigate and determine if the spouse has a legitimate reason for throwing out the agreement. This is decided on a case by case basis, but, in general, certain conditions must be present for a prenup to be rejected. 

For instance, a prenup is more likely to be tossed out if contained fraudulent information, such as one spouse concealing certain assets; was signed under coercion or duress; or was designed in such an obviously unfair and biased way as to leave one spouse destitute.

Children

One thing a prenup can't do is predetermine child custody and support. If, at signing, you and your spouse included custody and support arrangements for any future children, these arrangements won't be approved by the courts. Custody and support can only be decided after the separation, based on the needs of the children at that specific point in time.

You don't need to navigate the complexities of a divorce on your own. Arnold Law Offices serves clients throughout the Pell City, AL, region. They offer legal representation in family law cases and Chapter 7 and Chapter 13 bankruptcy claims. Call (205) 338-6565 to schedule a consultation or visit them online to explore their services.