Prenup Myths Debunked: The Facts about Prenups (Pt. 2)
Picking up from where Prenup Myths Debunked: The Facts about Prenups (Pt. 1) left off, below, we will continue revealing the facts behind some commonly held myths about prenups.
Fact – Wrong! While prenups may be perceived as being used when people are “planning” for divorce, the fact of the matter is that discussing prenups (and the provisions they may contain) before getting married can actually strengthen a relationship while positioning a couple for optimal success in their marriage.
One of the reasons for this is that prenups can get couples talking about the nuts and bolts of their finances, what each individual expects moving forward and what specific financial obligations each party in the marriage will have in the future.
For instance, the terms of a prenup can specifically state that one spouse is responsible for paying the mortgage while the other spouse is responsible for covering utility and food bills.
Clearing up these obligations before a marriage can:
- Help minimize future confusion and potential resentment regarding financial issues (which is often a contributing factor to divorce)
- Be especially important when one partner may have children from a previous relationship (as prenups can define who covers the expenses related to these children, what assets will remain “separate property” for these children, etc.).
Fact – Wrong again! Just because a written prenuptial agreement is in place does NOT necessarily mean that it is valid or that the court will uphold it during a divorce. In fact, any number of issues can impact the validity of prenups, only some of which include:
- One party being coerced into signing a prenup in the first place
- Basing these agreements on false information
- Invalid or illegal provisions being included in prenups (While invalid terms of prenups can lead to a specific provision being tossed out, they can also impact the validity of entire agreement).
What this all boils down to are the facts that:
- It’s critical to work with an experienced Las Vegas family lawyer – like those at RIGHT Lawyers – in order to ensure that prenups are valid and that they cover all of the important issues of concern to someone (and to their marriage).
- Having an experienced attorney to guide you through a divorce that involves a prenup can be critical to having these agreements upheld (or thrown out) by a family court (depending on what may be in your best interests).
Be sure to check out the upcoming conclusion to this blog series for some final facts about prenups!