Consequences of your prenup being invalid

By |2022-04-06T19:17:10+00:0004 Jan 2016|Categories: Prenuptial Agreements|

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.

About the Author:

Dorie Anne Rogers - The Law Offices of Dorie A. Rogers, APC
Dorie A. Rogers, a Family Law Specialist, Certified by the State Bar of California, has been an attorney since 1981 with an exclusive family law practice located in Orange County. She is accepting dissolution cases with support and property issues including the use of forensics to ascertain business value, community interests and to establish monthly case flow analysis. Ms. Rogers has substantial experience in high conflict custody litigation involving sophisticated psychological issues. She drafts premarital and postmarital agreement designed to define and establish parties' separate and community property interests. Paternity cases and domestic violence matters are considered part of her practice. Ms. Rogers is a court-approved and court-appointed to represent minor children.Ms. Rogers consults with individuals concerned about entering or exiting a relationship. She advises effective strategies for dissolution or premarital planning. Knowledge is power and good planning affords better results.Specialties: Family Law Specialist, Certified by the State Bar of California
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