Effect of Premarital Agreements on Divorce

Premarital agreements, or “pre-nups,” are often used to ensure that the separate property of one spouse remains separate (and not the joint property of the other spouse) so that children from a previous marriage or relationship can inherit it free and clear. Premarital agreements can also have a substantial impact on property division in a divorce.

Courts in years past would not enforce premarital agreements because it was thought that these agreements encouraged divorce. Now that close to 50% of all marriages in the United States end in divorce, most courts have taken a more realistic view and enforce prenuptial agreement provisions that concern property. Be sure to check the lawsin your state to find out what you can include in a premarital agreement. Since much of the information is found in court decisions (case law), instead of in state statutes, you may want to consult an attorney if a substantial amount of property is involved.

Most states will enforce parts of a premarital agreement that deal with the division of property. In some states, a spouse can waive (or give up his or her right to) spousal support in a pre-nup, but this isn’t allowed in other states. Provisions regarding child custody, support, or visitation, however, are not binding on a court. By law, courts must always consider the best interests of the child first and foremost, and not the best interests or wishes of the parents.

See Premarital Agreements on the Free Advice Family Law page for more information.

Get a Free Case Evaluation From An Experienced Attorney

Have your case evaluated by an EXPERIENCED DIVORCE ATTORNEY.
It's free and there is no obligation.

Sponsored Form

Name
Current Address	Select Your State Alaska Alabama Arkansas Arizona California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana North Carolina North Dakota Nebraska Nevada New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
Preferred Phone
Alternate Phone	(optional)
Email Address

---

Reconciliation	Are you and your spouse attempting to reconcile? Yes No
Represented	Do you currently have an attorney of your own? Yes No
How Soon	How soon do you expect to hire an attorey? Immediately 1-3 months 4-6 months 7-9 months Not sure I need one
Attorney Fees	How do you plan on financing your divorce case? Borrowing (credit card, personal loan) Personal savings Family support Current income I cannot afford legal fees
Your Income	What is your approximate annual income? Select Income Range Less than $10,000 $10,000 - $20,000 $20,000 - $30,000 $30,000 - $40,000 $40,000 - $50,000 $50,000 - $60,000 $60,000 - $70,000 $70,000 - $80,000 $80,000 - $90,000 $90,000 - $100,000 $100,000 - $125,000 $125,000 - $150,000 $150,000 - $200,000 $200,000 - $250,000 More than $250,000
Spouse Income	What is your spouse's approximate annual income? Select Income Range Less than $10,000 $10,000 - $20,000 $20,000 - $30,000 $30,000 - $40,000 $40,000 - $50,000 $50,000 - $60,000 $60,000 - $70,000 $70,000 - $80,000 $80,000 - $90,000 $90,000 - $100,000 $100,000 - $125,000 $125,000 - $150,000 $150,000 - $200,000 $200,000 - $250,000 More than $250,000
Property	What property do you and/or your spouse own? (select all that apply) House Vehicle(s) Vacation Property Jewelry Pension Stocks/Bonds IRA Other:
Children	How many children are involved? Include their ages, sex and where they are living.

---

Accept Terms	Have you read and accepted the Terms and Conditions? Yes Read Sponsors Terms and Conditions Read Sponsors Privacy Policy
Year	What is the current year? (Used to block spam)