What You Should Know About Prenuptial Agreements

Prenuptial agreements were once considered inappropriate because it was believed that they encouraged couples to divorce. However, such agreements actually make the divorce less acrimonious. With prenuptial agreements Broward becoming common, there are few things you should know about such agreements:

It’s not just the rich who need prenuptial agreements

It is a myth that only the rich need prenuptial agreements. More and more people today are opting to go for such an agreement to ensure that there are no complications or disputes in the event of a divorce. There are some cases where a prenuptial agreement is particularly preferred. These include the protection of certain assets, the separation of business interests from personal property, the rights of children from a previous marriage or the predetermination of alimony.

A prenuptial agreement can be challenged

Although the terms in prenuptial agreements Broward are fixed, the courts will consider cases where the agreement is clearly unfair. For instance, when a divorce leaves a dependent and financially weak spouse without any support.

It does not affect child custody or support

Child support and custody are meant to benefit the child and no parent can bargain it away. Any stipulations within a prenuptial agreement regarding custody or child support will likely be voided by the court. These issues will be determined independently of the prenuptial agreement.

To be valid, the agreement must not be unconscionable 

By this, we mean that the agreement must be legally fair. An agreement will be held unconscionable if one spouse was not given a fair disclosure of the other’s financial circumstances, had no reasonable means of getting this information, and did not cede in writing the right to receive such information. To be valid, the prenuptial agreements Broward must also be signed voluntarily and not by force or through fraud.