People enter marriages expecting and not expecting a divorce. Prenuptial agreements and postnuptial agreements have become a norm today. Moreover, people enter into marriages on a contract basis. Unfortunately, nowadays, the genuineness of marriage is becoming less justified. A family law lawyer assists in ensuring the marriage does not end up ugly. Prenuptial agreements are marriage contracts between two people who intend to get married. However, a court may find a prenup invalid if it has the following elements;
Child custody and support terms
The court decides the conditions on who to pay child support or who to take the child with upon divorce. The prenuptial agreement stipulating these is invalid because the judge has to act in the children’s best interest. The judge will also decide on the amounts to be paid in child support and by which partner.
Divorce incentives
A prenuptial agreement explains the financial state of both partners upon divorcing. The agreement will be considered invalid if there are terms providing divorce incentives. Both partners should stick to their assets and not ask for more than they deserve.
Unreasonable terms
A judge may decide to invalidate some terms stipulated in the prenuptial agreement. Upholding terms that will result in hardship, like one partner unable to provide basic needs for themselves, is overridden. A divorce, even with a prenup, should ensure both parties part civilly.
Illegal terms
All provisions in the prenuptial agreement should be compliant with federal, state, and local laws. The agreement should not stipulate any illegal actions or assets to be maintained or carried out by either of the partners.
Nonfinancial rules
The prenuptial agreement may be challenged, and any nonfinancial rules stipulated may not be upheld. The major element of a prenup is to elaborate and emphasize the financial issues. Domestic issues such as religion and choice of schools for children will be invalidated if stipulated in the prenup.
It is crucial to note that prenuptial and postnuptial agreements do not necessarily mean there is no love between the couple. Both types of agreements can be tailored according to the couple’s assets and liabilities. The contents of a postnuptial agreement that occurred after the union took place are;
Spouse maintenance fees
The couple may decide to take a secondary or primary role in raising the children, being a stay-at-home husband/wife, and seeking higher education for better jobs. Maintenance for the spouse may apply during and after marriage. Alternatively, the couple may decide on no support upon divorce.
Provision of separate property
State laws supersede the postnuptial agreement. Some laws may uphold the provision of separating property before and after marriage, while others may not. Inherited property kept and maintained during the marriage may be considered individually. You, as a couple, must understand the state laws before writing this provision.
Marital property
If the postnuptial agreement does not contradict the law, this provision is upheld and helps to quicken the divorce process. The marital property provision encompasses joint accounts and properties. This provision protects the separate property from the marital one.
Child support, custody, and visitation rights
The postnuptial agreement may have a provision that protects children from previous marriages if divorce happens. The provision must be fair and reasonable to both parties. The court will invalidate this provision if it is not in the best interest of the children.
Seeking a family lawyer in the matters of marriage and divorce is important. Legal counsel will help you understand your limits in stipulating the provisions. Mental health should be included in the whole process, especially where children are involved. However, religious and cultural differences may slow down the divorce process. Unfortunately, many marriages suffer from toxicity.