Can prenups eliminate divorce disputes?

If you pay attention to pop culture news, you probably have noticed the lack of celebrity weddings this summer. This also means that news of celebrity prenuptial agreements have largely been non-existent. For those unfamiliar with prenuptial agreements, they are essentially contracts that people seeking to get married enter into that lay out rules for how the parties will conduct themselves in the event of a divorce.  Some prenups also govern how the parties will conduct themselves during the marriage.

There can be a number of terms in a prenup, including what will be considered community property as opposed to separate property, whether the parties will use mediation to resolve any disputes, and what state they will call their home for purposes of divorce. 

Indeed, prenups are common when there is a severe income and asset disparity between the parties (especially when one of the parties is a celebrity), but they are becoming universal among non-celebrities. So the question is, are prenuptial agreements effective in eliminating divorce disputes?

Generally speaking, a prenuptial agreement could make the process easier. As we alluded to earlier, a prenuptial agreement can have specific provisions that govern the process of the dissolution, so that everything can be agreed upon before filing a petition.

Of course, if there are differing views on specific definitions within the agreement, or if a party believes the prenup is invalid, disputes can certainly arise. But an experienced family law attorney can help in crafting an agreement that can stand up to legal scrutiny.

The preceding is not legal advice. We encourage people with questions about prenups to consult an experienced family law attorney before signing one.

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