How Prenuptial Agreements Affect Your Divorce

Every marriage involves agreements, but a lot of couples forget that the agreements they made before marriage can have negative effects if they were to divorce. An official contract between an unmarried couple that carries through to the marriage is called a prenuptial agreement, or prenup for short. Prenuptial agreements commonly state which individual is tied to financial obligations and assets such as investments, mortgages, and debts. Additionally, a prenup may identify the owner of tangible assets such as cars and boats. These premarital agreements are legally binding if they’re completed properly, even when divorcing. If you’re searching for more information regarding how prenuptial agreements affect your divorce, read our guide below.

The Division of Assets

As we previously mentioned, finances are usually at the forefront of any prenuptial agreement; unsurprisingly, it’s the same during a divorce. In fact, the primary reason a dissolution of marriage takes as long as it does is because partners can’t agree on the division of assets. Many individuals falsely presume they deserve half of their partner’s assets, while that’s a general rule of thumb in some cases––a prenup prevails that “rule.”

Debt Obligations

Naturally, everyone in a divorce wants the other person’s assets but none of their debts. Many prenuptial agreements state who’s responsible for debts, especially if the debts were incurred prior to marriage. The division of both assets and debts can vary by state and by what the judge finds appropriate. The judge will likely honor whatever the terms are that you both agreed to.