Handling a divorce where there is a prenuptial agreement

In Ohio and across the United States, it is unfortunate that many marriages will end in divorce. When a couple decides to part ways, there are certain issues that will come to the forefront as part of the case. That includes property division, spousal support and other financial considerations. To make the situation harder, couples may have prenuptial agreements but disagree about whether it is enforceable.

Understanding how to deal with divorce when there is a prenuptial agreement can be complicated. The prenup can be beneficial as it dictates what will happen in the event of divorce. Still, there can be disputes about how the divorce will be settled even if there is a prenup. Couples will try to tailor the prenup to suit their needs.

Examples as to what the agreement can address include what assets will be marital property and what will be separate property, how assets and liabilities will be split, whether there is a business and what its interests are, and how much spousal support will be paid. Regarding a business, it can be a source of disagreement as to whether it should be considered marital property. The prenup should detail the value of the business when the couple was married, how much might be shared, its value at the end of a marriage and whether a buyout is required.

The goal of a prenup is to avoid rancor and a contested divorce. However, even if the couple signed a prenup, it does not necessarily indicate that the split will be amicable and disagreements will be avoided. Assessing the agreement to ensure that it is fair and adheres to the law is key. In a contested divorce with a prenup, it may be wise to have legal advice from an experienced family law attorney.