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How a prenuptial agreement affects a collaborative divorce

On Behalf of | Nov 3, 2021 | Divorce |

Keeping a divorce simple may have always been one of your priorities if you had the foresight to sign a prenuptial agreement before getting married. While you probably hoped that your marriage would last forever, you wanted to make sure there wouldn’t be too much conflict if things didn’t go as planned.

Now that you find yourself considering divorce, you and your spouse want to explore collaborative law. Unlike a litigated divorce, collaborative divorce involves spouses working together rather than fighting against one another.

How can you integrate your existing prenuptial agreement into your collaborative divorce process?

The prenuptial agreement can serve as a road map for collaborative discussions

You and your spouse likely already aligned your expectations for everything from dividing your property to alimony in your prenuptial agreement. If the agreement is enforceable, you can count on the Kentucky family courts upholding those exact terms in your divorce. Even if your agreement might not hold up under scrutiny, you can still use those terms you initially negotiated as important guides through your collaborative discussions.

The prenuptial agreement may exclude certain assets or terms

One of the biggest consequences signing a prenuptial agreement could have on a divorce might be to earmark certain assets as separate property that won’t get divided in the divorce. It’s also possible that the prenuptial agreement could set specific terms for issues like spousal support or prevent certain steps by either spouse in the divorce. Paying special attention to terms that either of you was explicit about during the initial agreement can increase your chances of successfully collaborating.

Remember that you have the ultimate say in a collaborative setting

While your prenuptial agreement can certainly inform the terms you set in your divorce, it does not have to dictate them. Provided that both parties feel satisfied with the resolution reached while collaborating, it may not be necessary for the spouses to use the exact terms set in the prenuptial agreement. Settling things outside of court gives you the authority to deviate from that documents if both spouses are in agreement, which might be more difficult to do if you litigate the divorce.

Thinking about what will affect your collaborative divorce efforts can help you better prepare for the process.

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