A person with substantial assets may want to have lawyers draw up a prenuptial agreement before getting married. If that couple eventually files for divorce, the prenuptial agreement may become a matter of dispute by the other spouse. A divorce law lawyer in Lee’s Summit, MO can represent either side of this case, helping clients achieve the best outcome possible in the situation.
Prenuptial Agreements
A prenuptial agreement specifies which of the assets that a person brings into a marriage will remain solely theirs. The agreement also typically provides details on how assets that are accumulated later will be divided if the couple divorces. The document may also address how debt obligations will be managed during the marriage and how they will be divided if the marriage is legally ended with the assistance of a divorce law lawyer in Lee’s Summit, MO.
Litigation
Nowadays, attorneys typically encourage their clients to settle their differences during the divorce process through collaborative meetings or mediation sessions. Going to court is expensive and drags out the divorce process. Challenging a prenup, however, commonly involves litigation with a judge deciding whether the agreement is valid. The document might be judged invalid if it was created and signed too close to the wedding date, for example.
The purpose of a prenup is to protect the interests of both spouses, although the document is often viewed as protecting only one of them. Judges tend to look negatively at documents that strongly favor one spouse’s interests over the other’s. Even if one spouse entered the marriage with almost nothing while the other already owned real estate and a large stock portfolio, that doesn’t mean that the less-wealthy individual should be left with virtually nothing upon divorce.
Concluding Thoughts
Divorce is typically painful to some extent. The problems that have developed may make the couple feel like they have failed. The situation may be acrimonious. Litigating a divorce in a marriage with high-value assets can be very stressful. Both persons should make sure they receive an amount that is fair by taking advantage of legal representation by an organization like Dana Outlaw Law Office.
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