It’s likely that when you signed your prenuptial agreement, you never imagined you’d actually ever need it. Now that you’re getting divorced, you’re likely wondering how that prenup will come into play in court.
Get your questions answered and find the caring and compassionate legal support you need by calling us at 503-396-4996.
Enforcing And Litigating Prenups During Divorce
Prenuptial agreements, also referred to as premarital agreements, most often come into play in contentious divorces and those involving high net worth couples. They cover everything from how to distribute wealth to who gets which cherished family heirlooms and who pays attorney fees.
Premarital agreements are highly litigated, however. For instance, if one party can prove coercion or that the prenup terms are unconscionable (in other words, extremely unfair), a court can find it unenforceable. This can have grave effects on how assets and debts are divided during your divorce.
Don’t get caught unprepared here and don’t lose the opportunity to protect the assets that are rightfully yours. Work with an experienced attorney who can represent you in your divorce and any litigation involving your prenup.
Creating Prenuptial Agreements That Reflect Your Wishes
If you’re considering creating or signing a prenuptial agreement before you get married, we highly recommend you speak with an attorney with whom you feel comfortable. You’ll want guidance on how to create a prenup that meets legal requirements while protecting your interests, since once you tie the knot there are very specific rules about dividing property in a divorce.
With years of experience and an abundance of empathy, family law attorney Stacy Regele will work with you to draft an enforceable prenup that reflects your wishes.
A Note On What Can’t Go In A Premarital Agreement
Well-meaning couples often try to include provisions in their premarital agreements regarding child custody and child support. Neither of these types of clauses would be enforceable in court. And, if included, could make the whole prenup invalid.
If you have questions about this, reach out to a knowledgeable premarital agreement attorney.
Handling All Matters Involving Postnuptial Agreements
Postnuptial agreements, or postmarital agreements, are basically the same as prenups. The biggest difference is when the agreement was created. For prenups, they’re drafted before the marriage and become effective once the couple is married. For postnups, these are created and become effective after a couple is married.
The law generally treats postnuptial agreements the same as prenuptial agreements. And our team is here to help you resolve any concerns you may have about your postnup.
Seek Help For Your Prenuptial Agreement Needs
Whether you’re seeking experienced legal representation to create, enforce or dispute a prenup, we’re here to help. We serve clients out of our Salem, OR, law office. And we’re conveniently located just down the street from the Marion County Courthouse.