How Can You Enforce a Prenuptial Agreement?
While most people know what a prenuptial agreement (or prenup for short) is, there is still a lot that most people don’t understand about them. This is largely because, just like every marriage, every prenup is unique and is based on the specific terms that both parties have agreed to. However, regardless of the formal terms of a prenuptial agreement, some things about prenups remain consistent. For instance, if and how they can be legally enforced. Allow our family law experts to explain.
When a couple gets married, creating a prenup can help lighten their potential financial burden in the case that one party files for divorce. This can include stipulations related to division of certain assets like cash or property, as well as post-marriage arrangements like alimony payments. While everyone would like to have the terms of their prenuptial agreement met after the dissolution of their marriage, it’s not always so simple. State laws vary on what makes a prenuptial agreement legally enforceable.
Once agreed to and completed, the prenuptial agreement is not filed with the court. It is held by the parties until the time when it may be needed in the case of a divorce. This is done to protect the confidentiality of both parties so that the content of the prenup (or even the fact that it exists) is unknown to anyone unless a divorce is initiated.
Some recourse that you can take in the case that your ex refuses to adhere to the terms of your prenup includes seeking legal advice with a family law professional, having your attorney speak to your spouse’s attorney to see if they can reach an agreement, or filing an action with the court to enforce the prenup.
Check out this recent clip, where Oxendine Law managing partner and family law expert Jarrod Oxendine discusses how a prenuptial agreement can be enforced in cases where one side is not adhering to the terms:
Prenuptial agreements can be quite complex, which is why we walk our clients through this process to make sure they are equipped with the best agreement possible to protect their assets. Our client-centric approach to family law includes tailoring everything we do to the specific goals and preferences of each individual client we assist. For more information on our family law services or to schedule a family law consultation appointment, contact Oxendine Law at (770) 497-8688 today. We offer meetings in person, over the phone, or by video conference. You can also follow along with us on Facebook and Instagram for additional family law news, tips, radio clips, and much more.