A prenuptial agreement is a contract that is decided on prior to a marriage
union. This contract will establish the groundwork for what things will
look like if the couple were to divorce in the future. Generally a prenup
will cover anything from division of property, spousal support, usually
done so as a means of the more wealthier party to protect their assets
in the event of a
divorce This contract may also include the forfeiture of all assets if there is
an act of adultery, as well as the custody and support if there are children
involved in the marriage.
The question then remains, once a prenuptial agreement is decided upon,
can they be broken? There is a possibility that they can be, though it
is definitely not an easy process to go about. It is believed that the
most common way to break a contract is to find that there is some sort
of error or mistake in the paperwork. If there is anything wrong with
the way the prenup is filled out, there is a greater possibility that
the contract will be dismissed.
Decades ago, the idea of filing for a prenup was a taboo topic to discuss,
while people wanted to protect their assets, people hearing that they
were considering a divorce even before the marriage was uncalled for.
Times have changed significantly though, and now a divorce is very common,
if not encouraged, for those couples who feel as though they no longer
desire to be married. While there are no statistics on how many people
fill out a prenup agreement on a yearly basis, it is believed that the
process has at least doubled within the last two decades.
Commonly, prenuptial agreements are done when there is a high-net-worth
marriage, this can be in Hollywood, for wealthy entrepreneurs, etc. but
it doesn’t just have to be for those wealthy families. Some couples
believe that drafting a prenup before they marry will help keep the waters
a little calmer in the future if they are to ever divorce, they may or
may not use it, but either way they are prepared. As with most marriage
and divorces laws, they are specific depending on what state you live
in, and therefore discussing your concerns with a local attorney is a
crucial step if you are ever concerned with other drafting, or breaking
a prenuptial contract.
A divorce in of itself involves many legal details, and seeing that it
is already a difficult time to go through for any person, having the guidance
of an experienced attorney can help relieve some of the stress of the
divorce itself. If you or someone you know is considering filing for a divorce,
contact Hutchinson Law for a Jacksonville, Florida attorney who is ready to help you through
the process. Call us today to discuss you case and receive more information!