What Happens if You Don’t Sign a Prenup?
In this post we look at may what happen if you choose not to sign a prenup. Read on to learn more.
Understanding the implications are very important. Prenups supersede the safeguards and regulations passed by the state and observed by civil law. So, if you do not sign the prenup and sub sequentially get divorced, your assets may not be safeguarded. There may also be debate regarding spousal maintenance and the splitting of other partial assets as well as what may happen if one partner passes away.
Legal Advice
Once you have decided regarding a prenup, regardless of whether it is to sign it or not, it is a very good idea to obtain some legal advice, so you have a clear picture of the process and the prenuptial arrangements. This way you can make a fully informed decision. Usually, couples meet with a mediator and determine if a prenup is desirable.
Valid Prenups
In the past courts would often view prenups with suspicion because more of ten than not, the spouse with less economic power were often involved in a waiver regarding financial and legal benefits. However, with equality becoming an ever-larger part of these arrangements – judges can still determine if a prenup is fair or not. Thatsaid, you should negotiate and write up your own prenup and have individual lawyers review it, otherwise the court may question the legality of the document.
Need a Divorce Lawyer in Scottsdale or Phoenix?
As proven legal counsel in family court, we have a network of Arizona attorneys, expert witnesses, mediators, tax specialists, estate planners, financial planners, child specialists, real property appraisers, adult and child therapists and parenting coordinators who are here for you if you ever need them. Our lawyers, divorce mediators and collaborative divorce attorneys in Scottsdale are here to make your divorce less stressful and keep you in control and the costs contained. Call today for an initial consultation at 480-744-7711 or [email protected]. Our family lawyers can also help with divorce litigation, child custody, legal guardianship, paternity, prenuptial agreements, and more.
*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.