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Prenuptial agreements helpful in a divorce

Couples in Arizona getting a divorce who already have a prenuptial agreement in place may often find the divorce process a bit easier. A majority of divorce attorneys say that they have seen an increasing number of couples using such agreements in recent years. Given the large number of marriages that end in divorce, such preparation can be considered prudent.

There are still some things that need to be worked on prior to finalizing the divorce. You need to be prepared to show that there was full and honest disclosure of financial assets, debts and income and that the prenuptial agreement was properly executed in accordance with the law. If not, it could be set aside and you could be back to square one on issues of property division and spousal support, among other issues. One big advantage of a legal prenuptial agreement is that many of these issues can be settled in advance, avoiding surprises and unnecessary lengthy litigation.

Evidence of the negotiations leading up to the signing of the prenuptial agreement can be useful in arguing for its enforceability and showing that it was a reasonable agreement voluntarily consented to. Prenuptial agreements may be especially useful to make sure that children from a prior marriage are adequately provided for in the event of subsequent divorce or debt, and that the ownership and control of a successful small business or professional practice be kept intact. They can also be useful in spelling out in advance questions concerning health insurance and life insurance, and what is to be done with the marital residence in the event of divorce.

Source: Huffington Post, "Heading to Divorce Court With a Prenuptial Agreement" Alton Abramowitz, Oct. 04, 2013

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