Consequences of your prenup being invalid

Every year, many people around the United States make the decision to get married. For most, this is a joyous occasion that they will want to share with their friends and family, but for others, this celebration could be ruined by one spouse’s decision to do something that most would see as unromantic; get a prenuptial agreement.

Although these agreements are not welcomed by many who are getting married, if a spouse has significant assets that they want to protect, it may be necessary. The problem is, some people go through the process only to find out later that they did everything wrong and as a result, have to face the consequences.

When a person decides to protect themselves and their assets, it could be in their best interests, especially if they stand to lose a lot if they divorce their spouse. With prenups outlining how many divorce matters will be handled, such as alimony and property division, it saves people time during the divorce process and allows spouses to handle things in a less hostile manner.

One thing that could create a problem during the divorce process is the prenup being set aside by the courts. This can happen for many reasons, but should the agreement fail to adhere to state laws, it is likely that it will be ignored, and the courts may handle the divorce as if there is no prenup in place. This means that your property and assets may no longer be protected, and you and your soon-to-be former spouse may have to divide everything.

Anyone who is interested in getting a prenuptial agreement will want to ensure that their documents are fair, valid and adhere to the state’s laws. An attorney can help those interested in getting a prenuptial agreement drafted and ensure that it is appropriate and validated by the courts.