Sadly, marriage is not always what you think it will turn out to be. Only about half of American marriages are successful and do not end in divorce. Realizing this, many couples headed down the aisle decide to create and sign a prenuptial agreement. This type of agreement can be beneficial to both spouses if their journey ends in a divorce court. However, prenuptial agreements must meet specific standards to be valid. If you and your future spouse want to draft what is also known as a premarital agreement or you have one that needs to be enforced, reach out to The Maine Divorce Group for assistance.
A prenuptial agreement is a legally-binding contract signed by each future spouse before the legal marriage takes place. This contract details a mutual agreement between both individuals. It should detail the assets and debts of each spouse. Assets can include investment or retirement accounts, real estate, jewelry, art, and other belongings or financial accounts. The agreement also contains a plan for the assets and debts that will be executed if the marriage ends in a divorce.
Valid prenuptial agreements will determine what happens with assets and debts in a divorce unless both spouses agree to deviate from that agreement. Without a valid prenuptial agreement, couples going through a divorce will either need to negotiate and settle their disputes with the help of a Maine family law attorney or leave the decisions up to a judge.
Not all prenuptial agreements are valid and enforceable. The most common reasons they are invalid are:
If you are facing a divorce and believe that your prenuptial agreement is invalid for any reason, it is imperative that you contact an attorney as soon as possible to discuss your legal options and rights.
Whether you are preparing for marriage or preparing to leave a marriage, you need the assistance of an experienced Maine family law attorney. At The Maine Divorce Group, we can represent you during the drafting and signing of such an agreement. We can also help enforce an agreement if you are pursuing a divorce. Contact us today to find out more about our services and to receive a case consultation.
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The attorneys at The Maine Divorce Group understand how emotional and complex the divorce process can be and we are here to help.
Call to speak with a member of our team today, who can discuss your case and set up a consultation with one of our attorneys.
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