Premarital agreements are designed to protect your interests when you get married. They provide clear instructions for how your assets are managed, which property belongs to you and only you, and other similar terms. But when you get divorced, the premarital agreement you and your spouse signed becomes even more important whether you’re filing for an uncontested divorce or a traditional divorce.
While working with a Virginia divorce attorney is essential if you’re trying to divorce your spouse, premarital agreement or not, getting divorced with these agreements in place can be tricky. Here’s what you need to know about premarital agreements and getting divorced.
How Premarital Agreements Affect Your Divorce
Premarital agreements affect the division of property when you get married and can help you maintain clear separation of assets you bring to the marriage before you tie the knot. And just as premarital agreements impact your marriage, they can also impact your divorce. Here’s how.
They Can Streamline the Divorce Process
Since these agreements typically outline which assets and property are yours and yours alone, having an agreement in place can streamline the divorce process. In most cases, divorcing couples need to negotiate the division of property or have to rely on the court to establish a fair and equitable division of assets. This takes time and can be frustrating. But with a premarital agreement, the process can be much simpler. If the agreement outlines which assets are yours and which are subject to division, you’ll have less to negotiate.
Further, any terms established in the premarital agreement regarding divorce or division of property can be upheld and implemented as long as the agreement is legally valid. This could reduce the time you spend in court and may help shorten the length of your divorce so you can move on with your life faster.
They Can Be Contested
Though premarital agreements are typically enforceable, your spouse may be able to contest the agreement during your divorce. There are several situations where a spouse can contest the agreement, including the following:
- They signed under duress
- The agreement is too restrictive
- The agreement was made orally
- The agreement wasn’t notarized
If your spouse contests the premarital agreement, the court will make a determination. If the court finds that the agreement is not valid, all of the terms outlined will not be upheld. You’ll need to work with an experienced attorney to show that the agreement is valid and enforceable.
They Don’t Affect Child Custody
Premarital agreements do not affect child custody even if you have provisions in the agreement describing your wishes. That’s not to say you can’t pursue those terms as part of the divorce, but it does mean you’ll have to negotiate your custody arrangements with your spouse or leave it up to the court. Your Virginia divorce attorney will be able to argue your case and show the court why your custody preferences should be honored.
Work With an Attorney Who Knows Premarital Agreements
Premarital agreements can be a great way to protect your assets and your rights when you get married. But they can make getting divorced a bit trickier if you’re not fully prepared. That’s why it’s so important to work with a Virginia divorce attorney who understands the ins and outs of premarital agreements. They understand the common arguments divorcing spouses make to get the agreements overturned and can better represent your case to the court if needed.
Schedule a Consultation Today
At AC Rieman Law, we believe that premarital agreements can be a great tool to protect your interests. If you have an agreement in place and are filing for divorce, our dedicated team is here to help. Contact us today to schedule a consultation and see how AC Rieman can help.